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O F TH  E 

U N I VERS  I T Y 
OF  ILLINOIS 


IV/4-T  or 

13  05 


Digitized  by  the  Internet  Archive 
in  2016 


https://archive.org/details/compilationofordOOnewp 


A COMPILATION 


OF  THE 


Ordinances  and  Municipal  Laws 

OF  THE 

City  of  Newport,  Ky. 


IN  FORCE  SEPTEMBER  15,  1905. 


Containing  the  Municipal  Act  of  March  19,  1894,  and  Amend- 
ments Thereto  — and  Certain  Special  Acts 
Relating  to  the  City  of  Newport. 


ANNOTATED  AND 
COMPILED  BY 

Aubrey  Barbour. 


BY  ORDER  OF  THE  GENERAL  COUNCIL. 


MONFORT  & CO.  CINCINNATI,  O. 


TABLE  OF  CONTENTS. 


PART  I. 

“ An  Act  tor  the:  Government  of  Cities  of  the:  Second 
Class  in  the:  Commonwealth  of  Kentucky/'  March  19TH, 
1894  (Charter  oe  the  City  of  Newport,  etc.),  and  Amend- 


MENTS  - 

- Annotated. 

PART  II. 

Certain  Special  Acts  of  the  General  Assembly  Relating 
to  the  City  of  Newport. 

PART  III. 

General  Ordinances  of  the  City  of  Newport. 

PART  IY. 

Special  Ordinances  of  the  City  of  Newport. 

PART  V. 


General  Index. 


3SS. . 0 76>  f 
h/4-1  or 

19  O -5 


PART  I. 

“An  Act  for  the  Government  of  Cities  of  the  Second 
Class  in  the  Commonwealth  of  Kentucky,” 
March  19th,  1894  (Charter  of  the  City  of  New- 
port, etc.),  and  Amendments — Annotated. 


-3 


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WEBSTER  HELM,  Agent; 

Newport, 


0° 


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MUNICIPAL  ACT 

FOR  CITIES  OF  THE  SECOND  CLASS. 

(City  Charter.) 


( Act  of  March  19,  1894,  and  Amendments.) 

Note.  — Sections  as  numbered  correspond  with  the  numbering  of  same 
in  Kentucky  Statutes,  1908. 


Subdivision — 

1.  Municipalities,  § 3038. 

2.  Distribution  of  powers,  § 3041. 

3.  Legislative  department,  § 3042. 

4.  General  powers,  § 3058. 

a.  Powers  of  council  generally, 

§ 3058. 

b.  Street  and  street  improve- 
* ments,  § 3094. 

c.  Sewers,  §3105. 

5.  Executive  department  — officers 

and  their  duties,  § 3106. 

a.  Mayor,  § 3106. 

b.  Superintendent  of  public 

works,  §3118. 


Subdivision — 

c.  Auditor,  § 3126. 

d.  City  Treasurer,  § 3131 . 

e.  City  Clerk,  § 3133. 

f.  Police  Commissioners,  § 3137. 

g.  Commissioners  of  waterworks, 

§ 3143 

h.  City  Engineer,  § 3144. 

i.  City  Jailer,  § 3145. 

6.  Judicial  department,  §3146. 

7.  Elections,  § 3172. 

8.  Revenue  and  taxation,  §3147. 

9.  Sinking  fund,  § 3190. 

10.  General  provisions,  § 3196. 

11.  Public  schools,  §3212. 


Subdivision  I. — Municipalities. 

§ 3038.  Covington,  Newport  and  Lexington. — The  cities 
of  Covington,  Newport  and  Lexington  are  hereby  declared  to  be 
cities  of  the  second  class,  and  the  inhabitants  thereof,  and  of 
such  other  cities  as  may  hereafter  be  declared  cities  of  the  second 
class,  respectively,  are  created  and  continued  bodies-corporate  and 
politic,  within  their  respective  limits,  with  perpetual  succession, 
by  the  name  and  style  which  each  now  respectively  bears,  with 


§ 3038.  ( 1 ) When  a city  has  been 

assigned  by  the  Legislature  to  a par- 
ticular class  as  provided  by  the  Con- 
stitution, it  must  remain  in  that  class 


until  changed  by  the  Legislature. 
The  courts  have  no  power  to  trans- 
fer it  to  another  class  upon  the 
ground  that  its  population  was  not 


6 


City  Charter. 


§3038 


power  to  govern  themselves  in  all  fiscal,  prudential  and  municipal 
concerns  by  such  ordinances  and  resolutions  as  they  may  deem 
proper,  not  in  conflict  with  this  act  or  the  Constitution  of  the 
State  of  Kentucky  or  the  Constitution  of  the  United  States ; to 
acquire  property  for  municipal  purposes,  by  purchase  or  other- 
wise, within  their  corporate  limits  or  elsewhere ; to  hold  the  same 
and  all  property  and  effects  now  belonging  to  the  said  cities,  held 
either  in  their  own  name  or  in  the  name  of  others,  for  the  use 
of  each  of  said  cities,  for  the  purpose  and  interest  for  which  the 
same  were  granted  or  dedicated ; to  use,  manage,  improve,  sell, 
convey,  rent  or  lease  the  same ; and  to  have  like  power  over  prop- 
erty hereafter  acquired,  and  as  such,  by  their  respective  names, 
shall  be  capable  in  law  of  contracting  and  being  contracted  with, 
of  suing  and  being  sued,  of  pleading  and  being  pleaded,  answer- 
ing and  being  answered,  in  all  courts  and  places,  and  in  all  mat- 
ters whatsoever ; and  shall  have  and  use,  respectively,  a corporate 
seal,  and  make,  change,  alter  and  renew  the  same  at  pleasure. 
(Paducah  was  transferred  to  this  class  by  act  of  March  21,  fpo2.) 


sufficient  to  entitle  it  to  a place  in 
the  class  to  which  it  was  assigned. 
Green  vs.  Commonwealth,  95  Ky. 
233 ; 16  R.  161. 

(2)  The  provisions  in  a city  char- 
ter conferring  upon  the  city  the 
power  to  purchase  property,  gives 
the  city  the  right  to  purchase  for 
governmental  purposes  only;  but  a 
purchase  by  a city  for  its  taxes  is 
a purchase  for  a governmental  pur- 
pose, whether  the  purchase  be  made 
at  a sale  under  a levy  by  the  collect- 
ing officer,  or  under  a decretal  sale. 
Keller  vs.  Wilson,  90  Ky.  350;  12 
R.  471. 

(3)  The  power  of  a municipal 
corporation  to  acquire  land  for  the 
purpose  of  erecting  wharfs  thereon, 
and  to  charge  wharfage,  is  not  a 
necessary  incident  of  its  charter,  but 
must,  like  all  its  other  powers,  be  de- 


rived directly  from  the  Legislature, 
to  be  exercised  within  the  limits  and 
upon  condition  of  the  grant.  Rob- 
erts, etc.,  vs.  City  of  Louisville,  92 
Ky.  95 ; 13  R.  406. 

(4)  Wharf  property  acquired  by 
a city  under  legislative  authority,  is 
held  by  it  in  trust  for  the  public, 
and  the  city  can  not  transfer  the 
title  or  possession.  Roberts  vs.  City 
of  Louisville,  92  Ky.  95;  13  R.  406. 

(5)  The  use  and  control  of  public 
high  ways,  such  as  streets,  wharves, 
etc.,  belonging  to  a city,  can  not  be 
surrendered  by  the  city  to  a private 
individual  to  the  exclusion  of  the 
public  in  the  absence  of  express  leg- 
islative authority;  therefore,  a lease 
of  a wharf  by  a city  to  a private 
person  is  void.  Bateman,  etc.,  vs. 
City  of  Covington,  90  Ky.  390;  12 
R.  384- 


§§  3039.  3040 


City  Charter. 


7 


§ 3039.  Boundaries — jurisdiction. — The  corporate  bound- 
aries of  each  of  said  cities  shall  continue  and  remain  as  they  are 
now  established,  until  altered  by  law  ; and  every  such  city,  bounded 
in  part  by  the  Ohio  river,  shall  have  concurrent  jurisdiction  with 
the  State  of  Kentucky  over  the  waters  of  that  river  opposite 
thereto ; and  if  the  boundary  line  between  any  two  or  more  of  said 
cities,  or  of  any  such  city  and  a county  or  counties  not  embraced 
in  said  city,  shall  be  the  Licking  river,  or  other  stream  within  the 
State,  each  city  shall  have  concurrent  jurisdiction  with  the  other, 
and  with  such  county  or  counties,  over  the  waters  of  such  river 
or  stream  opposite  thereto.  (See  further , as  to  extension  of  limits , 
Secs.  3050-3057-) 

§3040.  Rights,  titles,  interests  and  privileges. — Each 
of  said  cities  shall  be,  and  is,  vested  with  all  the  rights,  titles, 


(6)  Injunction  lies  in  favor  of 
taxpayer  to  prevent  a municipal  cor- 
poration and  its  officers  from  making 
an  illegal  or  wrongful  disposition  of 
the  corporate  property  whenever  ir- 
reparable injury  will  be  done  to  the 
plaintiffs  and  they  have  no  adequate 
remedy  at  law.  Infra  (7). 

(7)  Municipal  corporations  have 
a dual  character — one,  governmental 
or  public;  the  other,  private  or  pro- 
prietary; and  the  general  proposi- 
tion that  a court  of  equity  may  not 
enjoin  the  passage  of  a municipal 
ordinance  must  be  confined  in  its 
application  to  subjects  over  which 
the  corporation  in  its  governmental 
or  public  character  has  discretionary 
authority.  Roberts,  etc.,  vs.  City  of 
Louisville,  92  Ky.  95;  13  R.  406. 

(8)  Right  of  town  to  build 
wharves  and  charge  wharfage. 
Newport  vs.  Taylor,  16  B.  M.  804. 
See  Notes  6 and  7 to  § 3094. 

(9)  Right  to  purchase  property  at 
tax  sale.  . Keller  vs.  Wilson,  12  R. 
471  ; 90  Ky.  350;  Note  5 to  § 3187. 


(10)  In  an  action  by  a taxpayer 
to  enjoin  extension  of  electric  light 
plant  beyond  city  limits,  it  is  held 
the  management  and  operation  of 
same  is  not  the  exercise  of  govern- 
mental and  legislative  powers,  but  is 
a business  which  the  city  may  con- 
duct in  a manner  which  promises  the 
greatest  benefit  to  city  in  the  judg- 
ment of  council,  and  court  can  not 
interfere  with  reasonable  discretion 
of  council.  Henderson  vs.  Young, 
27  R.  1152. 

§ 3040.  Rights  and  Powers — 

(1)  As  to  appointment  of  person 
to  vote  stock  of  city  in  bridge  com- 
pany. Covington  vs.  C.  & C.  Bridge 
Co.,  10  Bush  69. 

(2)  Cities  are  agencies  of  the 
State,  and  can  exercise  only  those 
powers  conferred  upon  them,  or 
such  as  are  necessary  to  the  exercise 
of  their  corporate  powers.  Hender- 
son vs.  Covington,  14  Bush  312 ; 
Wheatley  vs.  Covington,  11  Bush  18; 
see  also  7 Bush  599;  11  Bush  527; 
Patton  vs.  Stephens,  14  Bush  324. 


8 


City  Charter* 


§3040 


interests  and  privileges  which  were  vested  in,  possessed  and  held 
by  each  of  them,  respectively,  at  the  time  of  the  passage  of  this 
act,  and  is  hereby  charged  with  all  lawful  liabilities  and  obliga- 
tions now  existing ; but  said  rights  shall  be  held  for  the  same  pur- 
poses and  subject  to  the  same  trusts  as  heretofore,  and  the  power 


Exceptions  to  general  rule,  8 Bush 
508. 

(3)  Legislature  can  delegate  no 
greater  powers  than  might  be  exer- 
cised by  the  Legislature  itself.  Lex- 
ington vs.  McQuillan,  9 Dana  513. 

(4)  Repeal  of  charter  power  by 
amendment  thereto  not  implied — re- 
peal must  be  express  or  necessarily 
implied.  Byrne  vs.  Covington,  15 
R-  33- 

(5)  Certain  special  acts  relating 
to  city  of  Covington  are  repealed  by 
this  act.  Mclnerney  vs.  Huelefeld, 
25  R.  272. 

(6)  Constitution,  § 203,  concern- 
ing the  alienation  by  corporations  of 
franchises,  does  not  apply  to  munici- 
pal corporations.  Carrollton  Furn. 
Mfg.  Co.  vs.  City  of  Carrollton,  104 
Ky.  525,  20  R.  818. 

Liabilities — 

(7)  A contract  to  furnish  a city, 
for  two  years,  a system  of  patrol  for 
police  and  fire  protection,  may  be  re- 
voked whenever  there  are  grounds 
therefor  in  the  bona  fide  judgment 
of  its  council,  and  there  is  a prima 
facie  presumption  that  a revocation 
was  for  good  cause.  City  of  New- 
port vs.  Phillips,  19  R.  352. 

(8)  Contract  with  a city  is  void 
when  the  council  had  the  power  to 
contract  in  a particular  way,  and 
contracted  otherwise.  City  of  Cov- 
ington vs.  Woods,  3 R.  85. 

(9)  A party  contracting  with  the 
city  is  presumed  to  know  the  law 


regulating  the  mode  of  contracting. 
City  of  Covington  vs.  Woods,  3 R. 
85 ; Murphy  vs.  City  of  Louisville, 
9 Bush  189;  Craycraft,  etc.,  vs.  Sel- 
vage, etc.,  10  Bush  696;  Trustees  of 
Bellevue  vs.  Hohn,  82  Ky.  1,  5 R. 
730;  City  of  Covington  vs.  Hallam, 
16  R.  128. 

(10)  While  as  a rule  the  mayor 
of  a city  has  no  authority  by  virtue 
of  his  office  to  authorize  litigation  in 
behalf  of  the  city,  or  employ  counsel 
to  represent  it,  cases  of  emergency 
may  arise  when  the  power  must  nec- 
essarily exist.  City  of  Louisville  vs. 
Murphy,  86  Ky.  53,  9 R.  310;  City 
of  Owensboro  vs.  Wier,  95  Ky.  158, 
15  R.  506,  14  R.  710.  As  to  what 
constitutes  an  emergency,  see  case 
last  cited. 

( 1 1 ) A city  has  the  right  to  em- 
ploy a person  competent  to  prepare 
an  amendment  to  this  charter  and 
attend  before  a legislative  commit- 
tee to  urge  its  adoption.  Arthur  vs. 
City  of  Dayton,  4 R.  831. 

(12)  Neither  a municipal  corpo- 
ration nor  its  officers  can  do  any  act 
or  make  any  contract  or  incur  any 
liability  not  authorized  by  its  char- 
ter. All  acts  beyond  the  scope  of 
powers  granted  are  void.  Easton 
vs.  Trustees  of  Lancaster,  12  R.  789. 

(13)  The  fact  that  legal  services 
rendered  in  behalf  of  a city  in  an 
action  in  which  it  was  a defendant 
were  rendered  with  knowledge  of 
members  of  city  council  and  of  the 


§§  3041—3043 


City  Charter. 


9 


and  authority  they  now  have  to  provide  for  the  liquidation  of  such 
liabilities  and  obligations  shall  continue  in  full  force. 

Subdivision  II. — Distribution  of  Powers. 

§3041.  Legislative,  executive  and  judicial. — The  gov- 
ernment of  said  cities  shall  be  divided  into  a legislative,  and 
executive,  and  a judicial  department.  No  officer  of  one  of  these 
departments  shall  exercise  any  power  properly  belonging  to  either 
of  the  others,  except  in  the  instance  hereinafter  expressly  directed 
or  permitted. 

Subdivision  III. — Legislative  Department. 

§ 3042.  General  council  of  the  city. — The  legislative 
power  shall  be  vested  in  a board  of  aldermen  and  a board  of  coun- 
cilmen,  which,  together,  shall  be  styled  “The  General  Council  of 
the  City.” 

§ 3043.  Boards  of  aldermen  and  councilmen  — how 

ELECTED  — QUALIFICATIONS  — TERM  — PRESIDENT  — RULES  — 

expulsion  — quorum. — The  board  of  aldermen  shall  be  com- 
posed of  four  members,  to  be  selected  from  and  elected  by  the 
voters  at  large  of  the  city.  The  general  council  may,  by  ordi- 
nance, provide  that  the  number  of  aldermen  shall  be  increased  to 
any  number  not  exceeding  eight.  The  board  of  councilmen  shall 


city  attorney  does  not  render  the  city 
liable,  these  officials  having  no  au- 
thority to  make  contracts  for  the  city 
to  employ  counsel.  The  city  could 
contract  only  through  its  council. 
Nor  does  the  fact  that  the  city  de- 
rives benefit  from  the  services  raise 
an  implied  promise  upon  the  part  of 
the  city  to  pay  for  them.  City  of 
Covington  vs.  Hallam,  16  R.  128. 

(14)  Where  a city  contracted,  as 
it  had  authority  to  do,  for  a heating 
p!ant  for  a school  house,  no  subse- 
quent legislation  removing  such  au- 
thority from  the  city  could  relieve  it 


from  liability  on  the  contract.  City 
of  Ludlow  vs.  Peck-Williamson  H. 
and  V.  Co.,  25  R.  831. 

(15)  Constitution,  § 162,  prohibit- 
ing a city  from  paying  “any  claim 
created  against  it  under  any  agree- 
ment or  contract  made  without  ex- 
press authority  of  law,”  does  not 
relieve  a city  from  paying  for  water 
already  received  under  a contract 
void  because  the  franchise  of  the 
company  is  invalid.  ' Nich.  Water 
Co.  vs.  Town  of  Nich.,  18  R.  592. 

§ 3043.  (1)  As  to  constitution- 

ality of  the  provision  for  members 


IO 


City  Charter. 


§3043 


be  composed  of  two  members  from  each  ward  in  the  city  selected 
from  respective  wards,  but  elected  by  voters  at  large  of  the  city. 
Members  of  the  legislative  department  of  the  government  of  the 
city  shall  be  elected  for  two  years,  and  until  their  successors  are 
qualified.  No  person  shall  be  eligible  as  a member  of  said  depart- 
ment who,  at  the  time  of  election,  shall  not  have  resided  in  the 
city  for  two  years  next  preceding  his  election,  not  be  a male  citi- 
zen of  this  State,  not  be  either  a housekeeper  or  owner  of  real 
estate  in  the  city,  or  who  shall  hold  another  civil  office;  be  the 
agent,  employe  or  attorney  of  any  railroad  company  or  street  rail- 
way company,  be  directly  or  indirectly  interested  in  any  contract 
with  the  city  or  in  any  application  therefor,  be  in  arrears  to  the 
city  for  money  or  property  collected  or  held  without  a settlement 
or  quietus  therefor,  have  been  convicted  of  malfeasance  in  office, 
bribery  or  other  corrupt  practice  or  crime,  or  hold  any  office  or 
employment  in  any  company  or  corporation  which  has  or  is  an 
applicant  for  any  contract  with  the  city,  the  terms,  rates  or  prices 
of  which  are  subject  to  modification  or  enforcement  by  the  gen- 
eral council ; mere  stockholders  in  such  companies  or  corpora- 


holding  over  “until  their  success- 
ors are  qualified,”  see  Constitution, 
§ 160,  and  McDermott  vs.  City  of 
Louisville,  98  Ky.  50;  17  R.  617. 

(2)  The  purchase  of  a lot  by  a 
candidate  for  mayor  rendered  him  a 
freeholder,  though  he  purchased  the 
lot  for  the  express  purpose  of  ren- 
dering himself  eligible,  and  though 
the  deed  was  not  recorded  until  after 
the  election.  Pettit  vs.  Yewell,  113 
Ky.  777 ; 24  R.  565. 

(3)  A member  of  the  board  of 
councilmen  of  a city  is  not  entitled 
to  recover  on  an  implied  contract  to 
pay  him  for  the  reasonable  value  of 
his  services  in  making  a settlement 
with  the  city  tax  collector,  such  a 
contract  being  null  and  void.  City 
of  Winchester  vs.  Frazer,  19  R.  1366. 

(4)  A contract  between  a city  and 


any  person  who  is  a member  of  the 
council,  or  between  the  city  and  any 
corporation  which  has  a member  of 
the  council  for  one  of  its  officers 
or  paid  employees,  is  void.  Nune- 
macher  vs.  City  of  Louisville,  98  Ky. 
334;  1 7 R.  933 

(5)  The  president  is  absent  when 
he  vacates  his  seat  and  refuses  to 
act,  and  the  board  may  then  elect  a 
president  pro  tempore,  though  the 
regular  president  remains  in  the 
room.  Keith  vs.  City  of  Covington, 
109  Ky.  781 ; 22  R.  1414. 

(6)  It  is  immaterial  that  some  of 
the  trustees  of  a town  were  ineli- 
gible where  the  board  acted  unani- 
mously, and  a quorum  were  eligible. 
Lewis  vs.  Town  of  Brandenburg, 
105  Ky.  14;  20  R.  ion. 

(7)  The  acts  of  persons  acting 


§3043 


City  Charter. 


ii 


tions  are  not,  however,  herein  included,  but  they  shall  not  vote 
on  or  interfere,  directly  or  indirectly,  with  any  matter  or  question 
affecting  such  company  or  corporation  in  any  manner  whatever 
other  than  in  common  with  the  general  public ; and  in  case  of 
aldermen  attained  the  age  of  thirty  years,  and  in  that  of  council- 
men  attained  the  age  of  twenty-four  years,  and  have  been,  for 
one  year,  bona  fide  residents  and  voters  of  the  ward  for  which 
they  may  be  chosen.  The  absence  or  cessation  of  any  of  the 
foregoing  qualifications,  or  the  occurring  of  any  of  the  foregoing 
disqualifications,  after  election  or  during  the  term  of  office,  shall 
work  a forfeiture  of  the  office,  and  the  general  council  shall  so' 
declare,  and  the  vacancy  shall  be  filled  as  hereinafter  prescribed. 
Each  member  of  the  general  council  shall  receive  three  dollars  for 
any  stated  or  called  meeting  of  said  .boards ; but  each  absentee 
shall  forfeit  double  his  pay,  unless  he  be  absent  from  the  city,  or 
too  sick  to  attend.  Each  board  shall  elect  from  its  own  members 
a president  thereof,  who  shall  hold  office  for  one  year.  In  his 
absence  a president  pro  tempore  shall  be  chosen  from  among  its 
own  members  by  the  board.  Each  board  shall  adopt  rules  for  its 
proceedings,  determine  the  election  and  qualification  of  its  mem- 
bers, except  as  hereinafter  provided,  punish  its  members  for  con- 
tempt or  disorderly  conduct,  and,  two-thirds  of  the  members 
concurring,  may  expel  a member,  but  not  twice  for  the  same 


and  recognized  as  town  trustees  are 
valid,  they  being  de  facto  officers. 
Yancy  vs.  Town  of  Fairview,  23  R. 
2087. 

(8)  The  section  of  charters  of 
cities  of  the  first  class,  providing 
that  each  board  of  the  general  coun- 
cil “shall  judge  the  eligibility  and 
the  election  of  its  members,  adopt 
rules  for  its  proceedings,  and  punish 
its  members  for  disorderly  conduct,” 
and  that  “two-thirds  of  the  mem- 
bers-elect  concurring,  either  board 
may  expel  a member,”  by  implica- 
tion at  least  authorized  each  board 
to  investigate,  with  a view  to  appro- 


priate punishment,  charges  of  cor- 
ruption against  its  members.  Com  - 
monwealth vs.  Hillenbrand,  16  R. 
485. 

(9)  Under  Kentucky  Statutes, 
§ 3486,  providing  that  three- fourths 
of  the  members  of  the  council  of  a 
city  of  the  fourth  class  voting  af- 
firmatively, may  for  any  good  cause 
expel  any  member,  the  act  of  less 
than  that  number  of  members  de- 
claring vacant  the  seat  of  a member 
does  not  create  a vacancy.  City  of 
Somerset  vs.  Somerset  Banking  Co., 
22  R.  1129. 

(10)  Where  less  than  a quorum 


12 


City  Charter. 


§§  3044. 3045 


offense.  A majority  of  the  members-elect  shall  form  a quorum 
of  either  board,  but  a smaller  number  may  adjourn  from  day  to 
day,  and  the  attendance  of  members  may  be  enforced  by  rules  or 
ordinances  with  appropriate  fines,  not  exceeding  ten  dollars. 

§ 3044.  Joint  session  — rules  — president  — quorum. — 
The  general  council  shall  prescribe  the  rules  for  its  government  in 
joint  session;  shall  be  presided  over  by  the  president  of  the  board 
of  aldermen,  and  in  his  absence  by  the  president  of  the  board  of 
councilmen,  and  in  the  absence  of  both  shall  elect  a president  pro 
tempore;  may  compel  attendance  of.  members  thereof,  and  punish 
them  when  in  joint  session  for  contempt  and  disorderly  conduct. 
A majority  of  members-elect  of  both  boards  shall  constitute  a 
quorum  for  the  transaction  of  business  in  joint  session. 

§ 3045.  Journal — publication  oe  proceedings  and  ordi- 
nances — places  of  meeting. — Each  board  shall  keep  a correct 
journal  of  its  proceedings,  and  immediately  after  adjournment 
thereof,  a fair  abstract  of  its  proceedings  shall  be  published  once 
in  one  or  more  daily  newspapers,  in  different  languages,  if  nec- 


oi  a city  council  attempted  to  fill 
a supposed  vacancy  in  the  council 
where  none  in  fact  existed,  their 
appointee  was  not  a de  facto  officer, 
though  he  qualified  and  acted  as 
councilman.  City  of  Somerset  vs. 
Somerset  Banking  Co.,  109  Ky.  549 ; 
22  R.  1129. 

(11)  Action  to  oust  members  can 
not  be  maintained  by  citizen  or  tax- 
payer, but  must  be  brought  in  name 
of  some  person  entitled  to  the  office, 
or  by  the  Commonwealth  upon  in- 
formation of  the  attorney-general. 
King  vs.  Kahne,  27  R.  1080. 

§3044.  (1)  Under  §3272  (part 

of  charter  of  cities  of  third  class), 
providing  that  a city  council  “may 
determine  its  own  rules  of  proceed- 
ing,’’  it  may,  during  an  election  by 
it  of  a city  attorney,  after  several 
ballots  with  the  same  result,  no  one 


receiving  a majority,  provide  by  res- 
olution that  after  the  next  ballot  the 
hindmost  candidate  be  dropped ; and 
a member  voting  for  a candidate 
dropped  under  such  resolution  will 
be  counted  as  not  voting.  Wheeler 
vs.  Commonwealth,  98  Ky.  59;  17  R. 
259.  See  also  Collopy  vs.  Cloherty, 
18  R.  1061 ; Morton  vs.  Younger- 
man,  89  Ky.  505,  11  R.  886. 

t2)  Under  the  charter  of  the  city 
oi  Louisville,  which  provides  that 
“The  general  council  shall,  in  the 
month  of  October  in  each  year,  elect 
a commissioner  of  the  sinking  fund/’ 
etc.,  an  election  held  by  the  board 
of  councilmen  and  a minority  of  the 
board  of  aldermen  in  joint  session 
is  valid.  Tillman  vs.  Otter,  93  Ky. 
600;  14  R.  586. 

§3045.  (1)  The  courts  will  not 

require  the  same  exactness  in  the 


§§  3046,  3°47 


City  Charter. 


13 


essary.  All  ordinances  shall  be  published  in  like  manner  before 
they  are  in  force.  The  two  branches  of  the  general  council  shall 
not  meet  in  the  same  room  at  the  same  time,  except  in  joint  ses- 
sion. The  place  or  places  of  meeting  shall  be  fixed  by  ordinance, 
and  shall  not  be  changed,  except  by  ordinance  passed  by  two- 
thirds  of  the  members-elect  of  each  board.  If  from  any  cause 
it  shall  be  impossible  or  impracticable  to  meet  at  the  designated 
place,  the  mayor  shall,  by  proclamation,  fix  the  place  pending  such 
difficulty,  or  until  the  general  council  shall  act  in  the  premises. 
(See,  further,  as  to  ordinances,  Secs.  3059-3063  and  3114.) 

§3046.  Monthly  meetings  — called  meetings. — Both 
of  said  boards  shall  meet  at  least  once  in  each  month,  and  shall 
not  adjourn  for  a longer  time,  but  may  adjourn  from  day  to 
day,  and  sit  as  long  as  business  requires.  When  both  boards  are 
called  in  session,  one  shall  not  adjourn  without  the  concurrence 
of  the  other  for  a longer  time  than  twenty-four  hours.  If  they 
shall  fail  to  agree  on  adjournment,  the  mayor  may  adjourn  them 
to  a day  not  beyond  the  next  regular  time  of  meeting. 

§ 3047.  Privilege — exemption  from  jury  and  military 
service. — Members  of  the  general  council  shall  be  exempt  from 


keeping  of  the  records  of  a town  as 
is  required  in  the  case  of  courts  of 
record.  Trustees  of  Hazelgreen  vs. 
McNabb,  23  R.  81 1;  Weatherhead 
vs.  Cody,  27  R.  631.  For  particular 
case  where  record  was  not  sufficient 
see  City  of  Paris  vs.  Lilleston,  22  R. 
506. 

(2)  An  entry  by  a city  clerk  re- 
cited that  “ordinances  for  the  im- 
provement of  streets  A,  B,  C,  and  D 
were  passed.”  Held,  That  the  pre- 
sumption is  that  such  ordinances 
were  voted  upon  separately,  as  re- 
quired by  the  charter,  but  were  thus 
entered  merely  for  convenience. 
Nevin  vs.  Roach,  86  Ky.  492. 

(3)  A municipal  ordinance  which 
appears  by  the  records  of  the  corpo  - 
ration to  have  been  passed,  may  be 


presumed  to  have  been  passed  by 
the  full  number  of  votes  required 
by  the  charter,  although  the  record 
does  not  affirmatively  show  that  they 
were  given.  City  of  Lexington  vs. 
Headley,  68  Ky.  508. 

(4)  The  journal  of  a public  body 
as  the  city  council  can  not  be 
amended  by  a vote  passed  by  a sub- 
sequent board,  so  as  to  recite  an 
order  as  passed  which  before  ap- 
peared only  as  reported.  City  of 
Covington  vs.  Ludlow,  58  Ky.  295. 

(5)  § 2773  of  act  for  cities  of  the 
first  class  (relating  to  the  publica- 
tion of  ordinances)  is  merely  direct- 
ory. Reed  vs.  City  of  Louisville,  22 
R 1636.  Phraseology  of  section  dif- 
fers from  this ; and  see  Common- 
wealth vs.  Williams,  27  R.  695,  re- 


14 


City  Charter. 


§§  3048, 3049 


serving  on  juries,  and  from  military  duty  during  their  terms;  and 
anything  said  in  debate  shall  be  entitled  to  the  same  immunities 
and  protection  allowed  to  the  members  of  the  General  Assembly. 

§3048.  Wards  to  be  laid  oef  — alterations  of  bound- 
aries.— That  it  shall  be  the  duty  of  the  general  council,  that  shall 
be  first  elected  under  this  act,  to  lay  off  the  city  into  six  wards, 
for  the  purpose  herein  named,  as  nearly  equal  as  possible  as  to 
the  number  of  inhabitants,  and  fix  permanent  boundaries ; and  it 
shall  be  the  duty  of  the  general  council,  from  time  to  time,  to 
alter  the  boundaries  of  the  wards  so  as  to  equalize  the  number 
of  the  inhabitants  in  each  as  near  as  may  be ; but  such  alterations 
shall  not  be  made  except  on  a general  census  of  all  the  inhabitants 
being  previously  taken. 

§3049.  Vacancies  in  office  — how  filled  — officers 
and  agents  ELECTED  by  council. — Vacancies  in  offices  elective 
by  the  general  council,  as  now  provided,  shall  be  filled  by  election 
in  joint  session  for  the  remainder  of  the  term  vacated.  Vacancies 
in  offices  elective  by  popular  vote  shall  be  filled  by  appointment 
by  the  mayor  for  the  remainder  of  the  term,  except  that  a vacancy 
in  the  office  of  mayor  shall  be  filled  by  election  by  the  general 
council ; Provided,  That  the  unexpired  term  will  end  at  the  next 
succeeding  annual  election  at  which  either  city,  town,  county,  dis- 
trict or  State  officers  are  to  be  elected.  If  the  unexpired  term 


lating  to  cities  of  fourth  class.  Pub- 
lication is  presumed.  Muirs,  Ad- 
ministrator, vs.  Bardstown,  27  R. 
1150. 

(6)  As  to  publication  of  ordi- 
nance, see  Allen  vs.  Woods,  20  R. 
59;  Preston  vs.  Stengel,  6 R.  451; 
City  of  Henderson  vs.  Brown,  7 
R.  609;  Manley  vs.  Trustees  of  La- 
grange, 7 R.  825 ; Fox  vs.  Middles- 
borough  Town  Co.,  96  Ky.  262,  16 
R.  455 ; Dunn  vs.  German  Security 
Bank,  5 R.  778;  City  of  Henderson 
vs.  Sutton,  7 R.  378;  Ormsby  vs. 
Jamison,  9 R.  325;  Reed  vs.  City  of 
Louisville,  22  R,  1636. 


(7)  A publication  of  the  levy  or- 
dinances of  the  city  of  Louisville  on 
Sunday,  and  no  other  day,  before 
seeking  to  enforce  them,  is  not  such 
a publication  as  the  city  charter  re- 
quires or  the  law  of  this  State  ap- 
proves. Ormsby  vs.  City  of  Louis- 
ville, 79  Ky.  197;  2 R.  66;  2 R.  277. 

§3049.  (1)  Presidential  electors 

are  State  officers  within  the  meaning 
of  this  section.  Todd,  Mayor,  vs. 
Johnson,  etc,  99  Ky.  548;  18  R.  354. 
As  to  constitutional  provisions  re- 
lating to  elections  to  fill  vacancies, 
see  Smith  vs.  Doyle,  25  R.  958. 

(2)  Under  Constitution,  § 152, 


§3°49 


City  Charter. 


15 


will  not  end  at  the  next  succeeding  annual  election  at  which  either 
city,  town,  county,  district  or  State  officers  are  to  be  elected,  and 
if  three  months  intervene  before  said  succeeding  annual  election, 
the  office  shall  be  filled  as  aforesaid  until  said  election,  and  then 
said  vacancy  shall  be  filled  by  election  for  the  remainder  of  the 
term.  If  three  months  do  not  intervene  between  the  happening 
of  said  vacancy  and  the  next  succeeding  election  at  which  city, 
town,  county,  district  or  State  officers  are  to  be  elected,  the  office 
shall  be  filled  by  appointment  by  the  mayor  until  the  second  suc- 
ceeding annual  election  at  which  city,  town,  county,  district  or 
State  officers  are  to  be  elected;  and  then  if  any  part  of  the  term 
remains  unexpired,  the  office  shall  be  filled  by  election  until  the 
regular  time  for  the  election  of  officers  to  fill  said  offices.  All 
officers  and  agents  of  the  city,  in  any  of  its  departments,  not 


where  three  months  intervene  be- 
tween the  time  when  a vacancy  oc- 
curs in  the  office  of  city  council- 
man and  the  next  succeeding  annual 
election,  an  appointee  to  fill  the  va- 
cancy holds  only  until  such  election. 
Pence  vs.  City  of  Frankfort,  101  Ky. 

534;  19  R-  721. 

(3)  In  cities  of  the  second  class, 
a mayor’s  appointment  of  a member 
of  the  board  of  police  and  fire  com- 
missioners to  fill  a vacancy  need  not 
be  confirmed  by  the  board  of  aider- 
men.  Watkins  vs.  Mooney,  24  R. 
1469. 

(4)  When  a statute  confers  the 
appointing  power  and  does  not  ex- 
pressly authorize  self  appointment, 
the  appointment  of  some  other  than 
self  is  always  contemplated. 

When  a city  council  is  authorized 
by  statute  to  appoint  an  assessor, 
the  appointment  by  that  body  of  one 
of  its  own  members  is  void,  as  is 
also  any  assessment  made  by  him. 
City  of  Mayfield  vs.  Anderson  & 
Tice,  15  R.  63. 


(5)  Kentucky  Statutes,  §3619, 
providing  that  the  marshal  and  cer- 
tain other  city  officers  shall  be  ap- 
pointed for  a term  of  two  years  by 
the  city  council,  but  may  be  removed 
at  the  pleasure  of  the  city  council, 
does  not  limit  the  powers  of  such 
council  to  removals  for  cause  only, 
and  is  not  in  violation  of  the  Con- 
stitution, § 160,  requiring  the  Gen- 
eral Assembly  to  prescribe  “the  man- 
ner in  and  causes  for  which  they 
(officers)  may  be  removed  from 
office.”  London  vs.  City  of  Frank- 
lin, 25  R.  2306. 

(6)  An  office  created  by  the  city 
council  may  be  abolished  by  it.  Wil- 
liams vs.  City  of  Newport,  12  Bush 
438.  See  Frankfort,  etc.,  vs.  Braw- 
ner,  etc.,  100  Ky.  166;  18  R.  684. 

(7)  The  last  clause  of  this  sec- 
tion does  not  apply  to  mere  clerks, 
employes,  or  laborers,  whose  em- 
ployment may  be  made  in  such  man- 
ner as  the  council  may  designate. 
Lowry  vs.  City  of  Lexington,  24  R. 
516,  1 13  Ky.  763. 


i6 


City  Charter. 


§3050 


required  to  be  otherwise  elected  or  appointed,  shall  be  elected  by 
the  general  council  in  joint  session  upon  joint  viva  voce  vote,  sub- 
ject to  removal  at  any  time  by  said  general  council.  ( Vacancies 
filled  by  mayor , Sec.  3108.) 

§ 3050.  Extension  oe  limits  — rule  when  another 
town  or  city  is  included. — The  city  may,  at  any  time  or  times, 
extend  its  limits  by  ordinance,  specifying  with  accuracy  the  new 
line  or  lines  to  which  it  is  proposed  to  extend  such  limits.  All 
courts  in  this  State  shall  take  judicial  notice  of  the  limits  of  said 
city  when  thus  extended,  and  of  all  the  steps  in  the  proceedings 
leading  thereto;  Provided,  That  should  said  city,  by  such  exten- 
sion of  its  territorial  limits,  include  any  portion  of  any  incor- 
porated city,  town  or  village,  such  extension  shall  be  made  to 
include  the  whole  territory  of  such  incorporated  city,  town  or 
village,  and  upon  such  extension  being  made,  the  corporate  exist- 
ence of  such  incorporated  city,  town  or  village  so  included  in 
such  extension  shall  ipso  facto  cease,  and  all  property  and  rights 
of  every  kind  and  nature  belonging  to  and  vested  in  such  incor- 
porated city,  town  or  village  shall,  by  operation  of  law,  at  once 
pass  to  and  vest  in  the  city,  and  it  shall  be  the  duty  of  all  officers 
and  employes  of  such  incorporated  city,  town  or  village,  having 
custody  or  control  thereof,  to  surrender  and  deliver  the  same  to 
the  city,  and  the  city  shall  also,  by  operation  of  law,  assume  and 
become  liable  to  pay  all  debts  and  liabilities  of  such  incorporated 
city,  town  or  village ; Provided  further,  That  before  the  city  shall 
extend  its  limits  so  as  to  include  any  incorporated  city,  town  or 
village,  four-sevenths  of  the  qualified  voters  of  the  incorporated 
city,  town  or  village  voting,  so  desired  to  be  included  within  the 
limits  of  the  city,  shall  vote  in  favor  of  such  proposition,  at  the 
next  general  election  to  be  held.  The  submission  of  the  question 


§3050.  (1)  Extension  of  bound- 

aries.— The  annexation  of  territory 
to  cities  relates  to  their  “organiza- 
tion and  government”  within  the 
Constitution  of  Kentucky,  § 156,  pro- 
viding for  the  classification  of  cities 
for  that  purpose,  and  the  laws  in  re- 
lation to  the  annexation  of  territory 


to  cities  of  the  various  classes  may 
differ.  Lewis  vs.  Town  of  Branden- 
burg, 105  Ky.  14;  20  R.  ion. 

(2)  When  the  territory  sought  to 
be  annexed  is  connected,  though 
upon  different  sides  of  the  town,  the 
residents  of  the  territory  are  not  en- 
titled to  have  the  questions  of  an- 


§3051 


City  Charter. 


17 


shall  be  determined  in  the  following  manner,  to-wit : Whenever 
the  city  shall  desire  to  include  within  its  limits  any  incorporated 
city,  town  or  village,  the  mayor  of  the  city  shall  inform  the  mayor 
or  other  chief  officer  of  the  incorporated  city,  town  or  village  pro- 
posed to  be  so  taken  in,  of  the  intention  to  include  said  city,  town 
or  village  proposed  to  be  so  taken  in,  of  the  intention  to  include 
said  city,  town  or  village  within  its  limits  ; and  if  four-sevenths 
of  the  qualified  voters  voting  at  such  election  shall  vote  in  favor 
of  the  proposed  extension,  the  mayor  or  other  chief  officer  of  the 
incorporated  city,  town  or  village  shall  certify  the  result  to  the 
mayor  of  the  city,  and  said  city  may  proceed  to  so  extend  its  limits 
as  provided  in  this  section. 

§3051.  New  wards  in  annexed  territory  — qualifica- 
tion oE  VOTERS. — Whenever,  by  extension  of  its  territorial  limits 
as  aforesaid,  the  new  territory  is  annexed  to  the  city,  the  general 
council  shall,  by  ordinance,  organize  the  same  into  a new  ward  or 
wards,  or  attach  the  same  to  some  existing  ward  or  wards,  long 
enough  before  the  next  ensuing  general  city  election  to  enable 
electors  in  such  annexed  territory  to  register,  and  all  other  proper 
steps  to  be  taken  according  to  law,  so  that  the  electors  in  such 
annexed  territory  may  have  full  opportunity  to  register  and  vote 


nexation  of  territory  on  different 
•sides  of  the  town  considered  as  sep- 
arate propositions.  Id. 

§3051.  (1)  Failure  to  assign  an- 

nexed territory  to  a ward  in  the  city 
does  not  deprive  residents  of  the  ter- 
ritory of  any  of  their  political  rights. 
Specht  vs.  City,  22  R.  699. 

(2)  One  who  had  resided  in  ter- 
ritory annexed  to  a city  for  three 
years  immediately  preceding  the  an- 
nexation at  once  became  eligible  to 
a city  office,  under  a provision  of  the 
city  charter  requiring  a residence  of 
three  years  in  the  city  in  order  to 
render  one  eligible  to  office  therein. 
Gibson  vs.  Wood,  105  Ky.  740;  20 
R.  1547. 


(3)  The  citizens  and  property  in- 
cluded in  the  territory  annexed  are 
liable  for  all  the  burdens,  in  the 
form  of  taxation,  imposed  upon  the 
residents  of  the  annexing  city. 
Ponce  vs.  City  of  Frankfort,  101  Ky. 
534,  19  R.  721 ; Board,  etc.,  vs.  Scott, 
19  R.  1068,  101  Ky.  615 ; Town  of 
Central  Covington  vs.  Park,  21  k. 
1847.  Liable  for  street  improve- 
ments, Barber  A.  P.  Co.  vs.  Gaar, 
24  R.  2227 ; Duker  vs.  Barber  A.  P. 
Co.,  25  R.  135. 

(4)  A county  road  taken  into  a 
city  by  annexation  of  territory  be- 
came a city  street  without  formal 
action  on  the  city’s  part.  City  of 
Louisville  vs.  Brewer’s  Administra- 
tor, 24  R.  1671. 


(2N) 


i8 


City  Charter. 


§§  3052—3054 


at  such  election.  Actual  residents  of  any  territory  at  the  time  of 
the  annexation  thereof,  as  aforesaid,  shall,  if  otherwise  qualified, 
be  qualified  electors  of  the  city,  and  be  eligible  to  any  office 
therein  at  the  next  general  election  following  such  annexation. 

§ 3052.  Extension  oe  eimits  — how  made  — elections  to 
determine. — Whenever  it  shall  be  deemed  necessary  under  the 
provisions  of  this  act  to  extend  the  boundaries  of  the  city,  such 
boundaries  shall  be  extended  and  designated  by  clearly  defined 
metes  and  bounds,  and  the  same  shall  not  be  extended  by  general, 
horizontal  or  parallel  lines,  nor  in  all  directions  at  the  same  time, 
but  shall  be  so  extended,  as  public  necessity  demands,  in  such 
manner  as  to  include,  so  far  as  may  be  practicable,  only  such 
territory  as  may  be  thickly  built  upon,  inhabited,  and  needing 
municipal  government,  to  the  exclusion  of  lands  occupied  and 
used  for  agricultural  purposes ; Provided  further,  That  whenever 
the  territory  proposed  to  be  annexed  shall  not  be  a city,  town  or 
incorporated  village,  the  question  of  annexation  shall  be  submit- 
ted to  the  qualified  voters  thereof,  at  an  election  to  be  held  for 
that  purpose  (public  notice  whereof  having  been  given  by  the 
mayor  of  said  second-class  city  not  less  than  thirty  days  before 
said  election),  of  the  time  and  places  of  holding  such  election, 
and  the  purpose  for  which  it  is  so  held ; said  election  to  be  gov- 
erned by  the  general  laws  in  respect  to  the  holding  of  general 
elections.  The  result  having  been  canvassed  according  to  law, 
and  four-sevenths  of  the  qualified  voters  of  said  territory  voting 
at  said  election  having  voted  in  favor  of  annexation,  the  mayor 
of  said  city  of  the  second  class  shall  make  proclamation  thereof, 
and  said  territory  shall  then  become  a part  of  said  city. 

§ 3053.  Redistricting  or  change  in  boundary  oe  wards. 
— When  the  corporate  limits  of  the  city  shall  be  so  extended,  and 
whenever  and  as  often  as  the  population  of  the  city,  or  of  any 
ward  or  wards  thereof,  has  been  or  may  be  so  increased  or  dimin- 
ished as  to  render,  in  the  opinion  of  the  general  council,  a division- 
or  redistricting  of  the  corporations  into  wards,  of  a change  in  the 
boundary  of  any  ward  or  wards,  necessary,  the  same  shall  be  done 
by  ordinance. 

§ 3054.  Publication  oe  ordinance  extending  limits. — 
TTr»on  any  ordinance,  either  for  extending  the  limits  of  the  city,. 


§§  3°5S—3057 


City  Charter. 


i9 


or  for  making  any  change  or  changes  in  the  wards  of  the  city, 
being  introduced  into  either  board  of  the  general  council,  the 
latter  shall,  before  the  passage  thereof,  by  resolution,  require  the 
city  clerk  to  publish  a copy  of  the  ordinance  in  the  official  news- 
paper of  the  city,  for  at  least  three  weeks  within  the  four  weeks 
next  after  the  passage  of  such  resolution.  After  such  publica- 
tion, proof  thereof  shall  be  made  and  filed  with  the  city  clerk, 
and  if  the  board  into  which  said  ordinance  may  have  been  intro- 
duced shall  be  satisfied  that  such  publication  has  been  made,  it 
shall,  by  a vote,  so  find,  and  the  city  clerk  shall  make  a record 
of  such  finding  in  the  journal  of  the  current  proceedings  of  that 
board,  which  record  shall  be  conclusive  evidence  of  the  truth  of 
the  facts  so  found ; should  said  ordinance  be  amended  in  either 
board  after  such  publication,  then  the  ordinance,  as  amended,  shall 
be  again  published  for  the  same  time,  and  proceeded  with  in  all 
respects  as  in  case  of  the  original  ordinance.  If  such  ordinance 
is  passed  by  the  general  council  at  the  first  or  second  regular 
meeting  after  such  last  publication  and  finding,  and  not  later, 
and  duly  approved  by  the  mayor,  the  same  shall  be  in  force  until 
repealed  or  altered. 

§ 3055.  Redistricted  or  changed  wards  — qualifica- 
tions OE  voters. — In  case  of  redistricting  or  division  of  the  city 
into  wards,  or  change  of  boundary  of  any  ward  or  wards,  every 
qualified  elector  residing  in  any  ward  at  any  general  city  election 
next  thereafter,  duly  registered,  shall  be  a qualified  voter  of  such 
ward ; and  nothing  in  this  charter  contained  shall  be  so  construed 
as  to  prevent  any  elector  from  voting  or  being  eligible  to  any 
office,  by  reason  merely  of  such  redistricting  or  division,  or  cre- 
ation of  any  new  ward  or  wards,  or  change  in  the  boundary  of 
any  ward  or  wards. 

§ 3056.  Redistricting  or  change  of  wards  — when  not 
to  be  made. — There  shall  not  be  a redistricting  or  division  of  the 
city  into  wards,  or  change  of  boundary  of  any  ward  or  wards, 
within  two  months  next  preceding  any  general  city  election. 

§3057.  Territory  of  wards  — equality  in  population. 
— All  wards  which  may  be  established  by  ordinance,  as  aforesaid, 
shall  be  composed  of  adjacent  and  compact  territory,  and  the 
several  wards,  at  the  time  of  redistricting,  shall  contain  as  nearly 


20 


City  Charter. 


3058 


an  equal  number  of  inhabitants  as  may  be  practicable.  The 
wards  shall  be  numbered  conveniently  from  one  up  to  the  highest 
number  thus  established. 

Subdivision  IV. — (a)  General  Powers. 

§ 3058.  General  council  — ordinances  and  powers  oe 
council  generally. — The  general  council  shall  have  power  by 
ordinance  — 

1.  Quarantine  and  health • — quarries  — stone,  gravel  and 
sand  — nuisances. — To  establish  and  enforce  quarantine  laws  and 
regulations,  to  prevent  the  introduction  and  spread  of  contagious 
diseases  in  the  city,  and  within  two  miles  thereof,  and  to  provide 


§ 3058.  Sub-Section  i. 

(1)  Pest  house — establishment  of 
—removal  of  patients  to — board  of 
health.  Hengehold  vs.  City  of  Cov- 
ington, 22  R.  462.  See  Kentucky 
Statutes,  § 3909,  as  to  location  of 
pest  house,  and  Kentucky  Statutes, 
§ 4607,  as  to  smallpox. 

(2)  A city,  in  confining  a person 
afflicted  with  a contagious  disease 
in  a pest  house,  performs  a govern- 
mental function,  and,  in  the  absence 
of  an  express  statute,  is  not  liable 
for  injuries  resulting  to  such  person 
from  the  unhealthy  condition  of  the 
place  of  confinement.  Having  vs. 
City  of  Covington,  25  R.  1617;  Twy- 
man’s  Administrator  vs.  Board  of 
Councilmen  of  Frankfort,  25  R.  1620. 

(3)  The  location  of  a pest  house 
by  a city  will  not  be  enjoined,  unless 
there  has  been  a clear  abuse  of  dis- 
cretion. City  of  Paducah  vs.  Allen, 
20  R.  1342. 

(4)  Liability  of  city  for  damages 
from  location  of  pest  house.  City 
of  Henderson  vs.  Clayton,  22  R.  283  ; 
City  of  Henderson  vs.  O’Haloran, 
24  R.  995. 


(5)  A city  is  not  liable  for  injury 
to  property  resulting  from  its  fail- 
ure to  enact  and  execute  ordinances 
for  the  prevention  of  a nuisance,  as 
the  failure  of  a city  to  discharge  its 
political  duties  does  not  render  it 
liable.  Arnold  vs.  City  of  Stanford, 
1 13  Ky.  852,  24  R.  626. 

(6)  A city  is  not  liable  for  permit- 
ting a nuisance  to  exist  on  private 
property  within  its  limits.  Board  of 
Councilmen  of  City  of  Frankfort  vs. 
Commonwealth,  25  R.  31 1;  City  of 
Georgetown  vs.  Commonwealth,  24 
R.  2285;  James’  Administrator  vs. 
Trustees  of  Harrodsburg,  85  Ky. 
191,  18  R.  899. 

(7)  A city  ordinance  providing  a 
punishment  for  maintaining  a nui- 
sance is  not  admissible  as  evidence 
for  the  city  in  a prosecution  against 
it  for  suffering  a nuisance.  New- 
port vs.  Commonwealth,  21  R.  1591. 

(8)  As  to  powers  pertaining  to 
board  of  health  and  health  officers, 
see  Hengehold  vs.  City  of  Coving- 
ton, 22  R.  462;  Riffe  vs.  Frisby,  20 
I\  281,  and  see  Kentucky  Statutes, 
§§  2059,  2060. 


§ 3058 


City  Charter. 


21 


for  the  destruction  of  all  diseased  or  deleterious  articles  of  food 
or  drink ; to  establish  and  maintain  public  hospitals  within  or 
without  the  city,  and  to  that  end  may  condemn  property  therefor, 
or  to  contract  with  others  for  such  purposes ; to  regulate  hospitals, 
infirmaries,  etc.,  within  the  city,  and  to  secure  the  general  health 
of  the  inhabitants  by  any  necessary  measure ; to  regulate  or 
prohibit  stone  quarries  and  quarrying  of  stone,  sand,  gravel  or 
loam  ; to  provide  for  the  erection,  management  and  regulation  of 
slaughter-houses,  and  to  regulate  the  slaughtering  of  animals ; to 
regulate  and  prevent  the  driving  of  stock  through  the  city  or  any 
part  thereof ; to  prohibit,  remove  and  regulate  the  erection  or 
maintenance  of  soap  factories,  stock-yards,  slaughter-houses,  pig 
pens,  cow  stables,  dairies,  coal-oil  and  vitriol  factories,  and  all 
other  factories  which  the  general  council  may,  by  ordinance, 
declare  to  be  nuisances,  within  prescribed  limits  of  the  city,  and 
within  two  miles  thereof ; to  regulate  or  prevent^the-carTving  on 
of  any  business  which  may  be  dangerous  or  detrimental  to  the 
public  health,  or  the  manufacturing  or  vending  of  any  articles 
deleterious  to  the  health  of  the  inhabitants ; to  declare,  prevent 
and  abate  nuisances  on  public  or  private  property,  and  the  causes 
thereof ; and  the  mayor,  whenever  in  his  opinion  a nuisance  exists 
on  public  or  private  property,  or  whenever  a nuisance  has  been 
so  declared  by  ordinance,  is  authorized  to  abate  and  remove  such 
nuisance  and  the  cause  thereof  in  a summary  manner,  at  the  cost 
of  the  owner  or  occupant  of  the  premises  where  the  nuisance  or 
the  cause  thereof  may  be,  and  for  that  purpose  may  enter  upon 
and  take  possession  of  any  premises  or  property  where  such  nui- 
sance may  exist  or  be  produced ; to  constitute  a board  of  health, 
and  elect  or  appoint  necessary  health  officers, 

2.  License  tax  on  occupations,  exhibitions  — suppression  of 
illegal  business. — To  license,  tax  and  regulate  undertakers,  auc- 


Sub-Section  2. 

(1)  The  State  may  delegate  its 
power  to  tax  or  grant  licenses  to 
a municipal  corporation  within  the 
limits  of  such  corporation.  Kniper 
vs.  City  of  Louisville,  70  Ky.  (7 
Bush)  599. 


(2)  A tax,  in  the  form  of  a license 
fee,  may  be  imposed  under  legisla- 
tive authority  upon  any  trade,  pro- 
fession or  calling;  and  while  such  a 
tax  must  be  levied  on  all  alike  in 
the  same  profession,  it  is  not  essen- 
tial to  its  validity  that  every  calling 


22 


City  Charter. 


§ 3058 


tioneers,  grocers,  merchants,  bakers,  dealers  in,  venders  and 
deliverers  of  breadstuffs,  retailers,  hotels,  inns,  innkeepers,  coffee- 
houses, saloons  or  wholesalers  of  spirituous,  vinous  or  malt 
liquors,  boarding-houses,  tenement-houses,  office  buildings,  public 
buildings,  public  sales,  public  grounds,  concerts,  photographers, 
artists,  agents,  posters,  runners,  drummers,  plumbers,  public  lec- 
turers, public  meetings  and  shows,  real  estate  agents  and  brokers, 
financial  agents  and  brokers,  commission  merchants,  house  agents, 
lightning  rod  agents,  rental  agents,  claim  agents,  sewing  machine 
agents  and  solicitors  for  nurseries,  sewing  machine  companies, 
brewer’s  agents,  advertising  agents,  loan  and  brokerage  com- 


within  a particular  locality  shall  be 
required  to  pay  the  tax.  Bullitt  vs. 
City  of  Paducah,  8 R.  870 ; Rankin 
vs.  City  of  Henderson,  9 R.  861 ; 
Hall  vs.  Commonwealth,  101  Ky. 
382 ; 19  R.  578. 

(3)  Legislature  can  not  impose 
taxes  on  municipalities  for  purely 
local  concerns,  but  may  authorize 
them  to  impose  such  taxes.  Mc- 
Donald vs.  City,  24  R.  271. 

(4)  Cities  can  not  substitute  a 
license  tax  for  the  ad  valorem  sys- 
tem. Levi  vs.  City  of  Louisville,  97 
Ky.  394;  16  R.  872;  Newport  Light 
Co.  vs.  City  of  Newport,  14  R.  464; 
City  of  Frankfort  vs.  Gaines,  88  Ky. 
59;  10  R.  902;  City  of  Newport  vs. 
S.  C.  & C.  Ry.  Co.,  89  Ky.  29;  n 
R.  3i9. 

(5)  A town  ordinance  requiring 
all  transient  persons  to  pay  a license 
tax  for  the  privilege  of  selling  goods 
or  merchandise  of  any  kind  at  auc- 
tion or  retail  in  the  town  is  uncon- 
stitutional and  void,  because  it  dis- 
criminates against  the  residents  of 
other  States.  McGraw  vs.  Town  of 
Marion,  98  Ky.  673;  17  R.  1254; 
Daniel  vs.  Trustees  of  Richmond,  78 
Ky.  542;  1 R.  256. 


(6)  A city  ordinance  which,  in 
fixing  license  fees,  discriminates  be- 
tween dealers  whose  products  are 
manufactured  outside  of  the  city 
and  those  whose  products  are  man- 
ufactured inside  the  city  is  void  and 
unconstitutional.  Jung  Brewing  Co. 
vs.  City  of  Frankfort,  100  Ky.  409; 

18  R.  855. 

(7)  A license  imposed  upon  an 
attorney  by  an  ordinance  passed  un- 
der a section  of  the  charter  of  cities 
of  the  first  class  similar  to  this  was 
upheld  in  Elliott  vs.  City  of  Louis 
ville,  101  Ky.  262,  19  R.  414,  the 
court  saying  “that  it  must  be  re- 
garded as  merely  the  imposition  of 
a tax  upon  the  vocation  or  business 
of  an  attorney  at  law.” 

(8)  An  ordinance  of  the  city  of 
Lexington  imposing  a license  tax  of 
$'0  on  each  attorney  at  law  prac- 
ticing in  the  city,  and  a penalty  of 
$15  for  failure  to  pay  the  same,  is 
valid.  Baker  vs.  City  of  Lexington, 
21  R.  809;  Evers  vs.  Mayfield,  27 
R 481. 

(9)  A provision  in  a city  charter 
authorizing  the  council  “to  license 
and  tax  all  agencies  of  insurance 
offices”  gives  the  council  the  power 


§3058 


City  Charter. 


23 


panies,  merchandise  brokers,  produce  brokers,  railroad  ticket 
brokers,  amusement  ticket  brokers,  lumber  brokers,  bill  posters, 
junk  dealers,  second-hand  dealers,  coal  dealers,  ice  dealers,  ice 
cream  dealers,  milk  dealers,  grain  elevators,  cycloramas,  pano- 
ramas, skating  rinks,  storage  and  transfer  houses,  nurserymen, 
pedestrian  exhibitions,  wrestling  exhibitions,  private  detectives, 
private  detective  agencies,  horse  and  cattle  dealers,  patent  right 
dealers,  inspectors  and  gaugers,  stock-yard  and  wagon-yard  pro- 
prietors, laundries,  examiner  of  titles,  conveyancers,  mercantile 
agents,  insurance  companies,  lawyers,  physicians,  insurance  agents, 
brokers,  bankers,  banking  and  other  corporations  and  institutions, 


to  compel  each  agent  to  pay  a sep- 
arate tax  for  each  company  repre- 
sented by  him.  Simrall  & Co.  vs. 
City  of  Covington,  90  Ky.  444;  12 
R.  404. 

( 10)  An  ordinance  of  a city  im- 
posing a tax  on  a liveryman  is  not 
invalid  because  it  was  passed  for  the 
purpose  of  raising  revenue,  as  such 
tax  is  authorized  by  § 3058,  Ken- 
tucky Statutes,  and  § 181,  Constitu- 
tion. Wilson  & Bro.  vs.  City  of 
Lexington,  20  R.  1593,  1980;  105  Ky. 
765. 

( 1 1 ) This  section  does  not  author- 
ize an  ordinance  imposing  license 
upon  vehicles  not  used  or  let  for 
hire.  City  of  Covington  vs.  Woods, 
98  Ky.  344;  19  R.  927. 

(12)  Wagons  used  by  coal  mer- 
chants in  delivering  coal,  not  within 
the  meaning  of  a city  ordinance,  pro- 
viding that  it  shall  be  unlawful  for 
any  person  to  run  “for  fee  or  re- 
ward any  hackney  carriage,  dray, 
sprinkler,  wagon  or  other  vehicle.” 
City  of  Henderson  vs.  Marshall,  22 
R 671. 

(13)  An  ordinance  requiring  tax 
fees  for  using  horses  and  wagons 
for  hauling  embraces  one  who  keeps 


horses  and  wagons  for  hauling, 
whether  he  drives  himself  or  hires 
drivers.  Swetman  vs.  Covington,  26 
R.  701. 

( 14)  This  section,  authorizing 
cities  of  the  second  class  to  levy  a 
license  tax  on  “real  estate  agents 
and  brokers,  house  agents,  rental 
agents,  loan  and  brokerage  compa- 
nies,” and  a city  ordinance  levying 
a license  tax  of  $25  on  real  estate 
agents,  so  defined  as  to  include  all 
these  classes,  are  not  unconstitu- 
tional, though  several  occupations 
are  grouped  under  one  head.  City 
of  Covington  vs.  Herzog,  25  R.  938. 

(15)  Constitutionality  and  validity 
of  certain  license  ordinances.  Cros- 
dale  vs.  City  of  Cynthiana,  21  R.  36; 
Burch  vs.  City  o‘f  Owensboro,  18  R. 
284;  Bullitt  vs.  City  of  Paducah,  8 
R.  870 ; Adams  Express  Co.  vs. 
City  of  Owensboro,  85  Ky.  265,  8 
R.  908 ; Commonwealth  vs.  Pearl 
Laundry  Co.,  105  Ky.  259,  20  R. 
1172;  Bitzer  vs.  Thompson,  105  Ky. 
514,  20  R.  1318;  Figg  vs.  Thompson, 
105  Ky.  509,  20  R.  1322;  Gast  vs. 
Buckley,  23  R.  992 ; Bitzer  vs.  Buck- 
ley,  23  R.  2420. 

(16)  Amount  of  the  license  left 


24 


City  Charter. 


§ 3058 


telegraph,  telephone  and  district  messenger  companies  or  corpo- 
rations  or  institutions,  street  railroad  companies  or  corpora- 
tions, livery,  board,  feed  and  sale  stables,  hansoms,  cabs,  hackney 
coaches,  carriages,  barouches,  buggies,  wagons,  omnibuses, 
drays,  job  wagons,  and  all  other  vehicles,  Xts^S' "or /ieF ^ ¥0/  hire, 
lenders  of  money  on  chattels  or  chattel  mortgages,  and  regulate 
the  width  of  the  tires  of  all  vehicles  for  heavy  transportation ; to 
license,  tax,  regulate  or  suppress  ordinaries,  hawkers,  hucksters, 
peddlers,  auction  houses  and  the  keepers  and  occupants  thereof, 
brokers,  pawnbrokers,  money  changers,  intelligence  and  employ- 
ment offices  and  the  keepers  and  occupants  thereof,  public  mas- 
querade balls,  street  exhibitions,  dance  houses,  fortune  tellers, 
clairvoyants,  pistol  galleries,  itinerant  doctors  and  doctresses,  corn 
doctors,  private  and  venereal  hospitals,  museums  and  menageries, 
magnifying  glasses,  for  use  of  which  charge  is  made,  billiard 
tables  and  pool  tables,  other  tables  and  instruments  used  for 
public  amusements,  circuses,  operatic,  theatrical  and  other  exhi- 
bitions, shows  and  amusement  saloons,  coffee-houses,  beer-houses, 
tippling-houses,  dram-shops,  money-brokers,  equestrian  perform- 
ances, horoscopic  views,  lung  testers,  muscle  developers,  pin 
alleys,  ball  alleys,  shooting  galleries,  and  to  suppress  bawdy 
and  disorderly  houses,  houses  of  ill  fame  and  assignation,  prize- 
fights, coon-fighting,  dog-fighting,  cock-fighting,  chicken-fighting, 
gaming  and  gambling  houses,  and  to  destroy  instruments  of 
gaming;  to  provide  for  and  enforce  the  registration  of  births, 
marriages  and  deaths ; to  prohibit  sale,  distribution  or  giving 
away,  directly  or  indirectly,  of  lottery  tickets  and  notices,  circu- 


to  the  discretion  of  the  city  council. 
Hcdl  vs.  Commonwealth,  101  Ky. 
382 ; 19  R.  578. 

(17)  An  ordinance  imposing  a 
penalty  for  failure  to  take  out  a 
license,  payment  of  the  penalty  not 
discharging  the  claim  for  the  license 
tax,  is  not  an  adequate  remedy  for 
the  collection  of  the  tax.  Where 
ordinance  provides  no  adequate  pro- 
cedure for  collection,  the  city  may 
maintain  an  action  as  for  debt.  City 


of  Lexington  vs.  Wilson,  26  R.  81. 

(18)  Refunding  or  recovering. — 
Money  paid  to  a city  as  a license  fee 
may  be  recovered  to  the  extent  that 
it  exceeded  the  amount  which  the 
city  was  entitled  to  exact.  Board  of 
Council  of  Harrodsburg  vs.  Renfro, 
22  R.  806.  See,  also,  Trustees  of 
Town  of  Stanford  vs.  Hite,  2 R. 
386 ; City  of  Maysville  vs.  Melton, 
102  Ky.  17,  19  R.  1033;  Bean  vs. 
City  of  Middlesboro,  22  R.  415. 


§3058 


City  Charter. 


25 


lars  and  advertisements  of  lotteries  and  lottery  drawings,  and  to 
suppress  places  where  lottery  tickets,  notices,  circulars  and  adver- 
tisements of  lotteries  and  lottery  drawings  are  kept,  sold  or  dis- 
tributed or  given  away ; to  license,  tax  and  regulate  all  occupa- 
tions, professions  and  trades  not  heretofore  enumerated,  of  what- 
soever name  or  character ; to  license,  tax  and  regulate  hackmen, 
draymen,  omnibus  drivers,  porters,  and  all  others  pursuing  like 
occupations  with  or  without  vehicles,  and  to  license,  tax,  restrain 
or  prohibit  runners  for  cars,  stages,  hotels  and  public  houses. 

3.  Levy , assessment  and  collection  of  taxes. — To  provide 
for  the  levying,  assessment  and  collection  of  taxes,  as  provided 
in  this  act,  upon  all  property  made  taxable  for  State  purposes 
within  the  limits  of  the  city,  and  not  exempted  by  general  law 
from  municipal  taxation. 

4.  Water  supply. — To  provide  the  city  with  water;  to  make, 
regulate  and  establish  public  cisterns,  hydrants  and  reservoirs,  in 
or  under  the  streets  within  the  city,  or  beyond  the  limits  thereof, 


Sub-Section  3. 

(1)  See  notes  to  §§  3174  and  3175. 

(2)  If,  in  the  absence  of  any  com- 
promise, one  pays  tax  under  the 
belief  that  it  is  valid,  and  when  it 
is  being  demanded  and  compulsory 
collection  threatened,  such  payment 
is  involuntary,  and  if  the  taxation 
be  in  fact  void,  the  taxpayer  may 
recover  back  his  money.  Torbett  vs. 
City  of  Louisville,  9 R.  202. 

(3)  Taxes  are  not  debts;  and  in 
an  action  to  enforce  their  collection 
each  step  that  is  required  to  be  taken 
to  constitute  a valid  assessment  and 
levy  must  be  specifically  pleaded. 
City  of  Louisville  vs.  Louisville  Gas 
Co.,  15  R.  177. 

(4)  When  a city  sells  its  gas  plant, 
and  the  buyer  contracts  to  light  the 
city’s  streets  for  a certain  sum,  in 
consideration  whereof  the  city  agrees 
to  pay  any  city  taxes  assessed  on  the 


gas  plant,  it  does  not  constitute  an 
exemption  from  taxation,  and  the 
contract  is  enforceable.  Board  of 
Councilmen  of  Frankfort  vs.  Capital 
G & E.  L.  Co.,  16  R.  780. 

(5)  Under  Constitution,  in  force 
in  1888,  city,  though  empowered  to 
contract  with  water  company,  had 
no  authority  as  part  consideration 
thereof  to  grant  company  exemption 
from  taxation.  City  of  Dayton  vs. 
Bellevue  Water  and  Fuel  Gaslight 
Co.,  24  R.  194. 

(6)  Contract  exempting  a street 
car  company  from  taxation  was  un- 
authorized. S.  Cov.  Ry.  Co.  vs. 
Town,  105  Ky  283,  20  R.  1184;  and 
see  23  R.  390. 

Sub-Section  4. 

(1)  See  Patch  vs.  City  of  Cov- 
ington, 17  B.  M.  722,  and  notes  to 
§§  3058,  sub-section  22  and  to  § 3143. 

(2)  When  a town,  pursuant  to 


26 


City  Charter. 


§ 3058 


for  the  extinguishment  of  fires  and  the  convenience  of  the  inhab- 
itants, and  to  prevent  the  unnecessary  waste  of  water,  and  to 
compel  any  water  company,  corporation  or  individual  to  change 
or  re-locate  any  water  main  or  pipe. 

5.  Bridges,  culverts  and  sewers  — water  courses.-- To  ac- 
quire, establish,  erect  and  maintain  bridges  within  the  city,  and 
from  the  city  across  any  river,  water  course,  etc.,  bounding  the 
city ; and  may,  until  said  bridge  shall  have  been  paid  for,  charge 
toll  for  crossing  same,  and  may  do  so  jointly  with  any  munici- 
pality on  the  opposite  side  of  such  river,  water  course,  etc. ; to 
establish,  erect  and  maintain  and  regulate  the  use  of  culverts  and 
sewers ; to  establish,  alter,  deepen  and  change  water  courses,  nat- 
ural and  artificial,  to  change  channel  of  the  same,  and  to  wall 
them  up  and  cover  the  same. 

6.  Lights  for  streets,  public  places  and  buildings,  and  inhab- 
itants.—To  provide,  by  themselves  or  through  others,  for  lighting 


authority  conferred  by  its  charter  to 
contract  with  a water  company  for 
water  for  extinguishing  fires  “for 
such  time  and  upon  such  terms”  as 
might  be  agreed  upon,  contracts  with 
a water  company  for  the  use  of 
fifteen  water  plugs  for  five  years, 
with  the  privilege  to  continue  the 
contract  for  fifteen  years  if  it  should 
“elect  to  do  so/’  the  failure  of  the 
town  to  continue  the  contract  at  the 
end  of  five  years  does  not  render 
it  liable  for  losses  by  fire  resulting 
from  the  failure  to  have  the  water 
plugs  supplied  with  water.  San- 
dusky vs.  City  of  Central  City,  22 
R.  669. 

(3)  Rights  and  liabilities  under 
contracts  with  private  water  compa- 
nies. City  of  Louisville  vs.  Louis- 
ville Water  Co.,  105  Ky.  754;  20 
R.  1529;  Owensboro  Water  Co.  vs. 
Duncan’s  Administrator,  17  R.  755 ; 
ilarrodsburg  Water  Co.  vs.  City  of 
Parrodsburg,  24  R.  2193  ; Franke  vs. 


Paducah  Water  Supply  Co.,  88  Ky. 
467,  11  R.  17. 

Sub-Section  5. 

(1)  An  ordinance  of  a city  pro- 
viding for  the  construction  of  a 
sewer  system,  and  appointing  cer- 
tain persons  to  superintend  its  con- 
struction, employ  a sanitary  engi- 
neer, advertise  for  and  receive  bids, 
fixing  such  restrictions  and  limita- 
tions as  they  might  determine,  not 
being  required  to  report  to  the  coun- 
cil which,  in  their  j udgment,  the  city 
should  not  accept,  was  an  invalid 
delegation  of  power,  delegated  to 
the  council  by  this  provision  “to  es- 
tablish, erect  and  maintain  sewers.” 
Lowery  vs.  City  of  Lexington,  25 
R.  392. 

Sub-Section  6. 

( 1 ) A contract  between  a city  and 
a light  company  granting  to  the  lat- 
ter the  exclusive  use  of  the  streets 
for  a term  of  years,  for  the  purpose 


§3058 


City  Charter. 


27 


the  streets,  public  places  and  buildings,  and  furnishing  light  to 
the  inhabitants,  and  to  regulate  the  quality  and  quantity  of  the 
light,  and  the  method,  time  of,  and  appliances  for  furnishing  of 
the  same.  To  compel  any  and  all  light  companies,  or  persons 
furnishing  light,  to  change  and  re-locate  gas  mains  or  pipes,  or 
poles,  electric  wires  and  conduits  for  electric  wires,  to  place  those 
above  the  surface  of  the  ground  under  it,  to  change  the  method 
of  conveying  the  light,  and  generally  to  do  things  conducing  to 
the  safety  and  comfort  of  the  inhabitants  in  the  premises. 

7.  Market-houses  and  other  buildings. — To  provide  for  the 
erection  and  maintenance  of  market-houses,  and  all  needful  build- 


of  laying  pipes  to  supply  gas  to  the 
city,  and  providing  that  the  company 
may  adopt  any  other  mode  equal  to 
gas  for  supplying  light  to  the  city 
and  its  inhabitants,  provided  the 
same  shall  be  done  at  no  greater 
cost  to  the  city  than  the  gas  light, 
does  not  give  to  the  light  company 
the  right  to  use  the  streets  of  the 
city  for  the  erection  of  appliances 
necessary  for  the  introduction  of 
electric  lights.  In  case  of  the  intro- 
duction of  a light  other  than  gas  re- 
quiring a different  use  of  the  streets, 
the  consent  of  the  city  to  such  new 
use  is  necessary.  City  of  Newport 
vs.  Newport  Light  Co.,  89  Ky.  454; 
11  R.  840. 

(2)  When  a municipality  has  the 
power  by  legislative  grant  to  erect 
and  maintain  gas  works,  it  has  the 
implied  power  to  contract  with 
others  to  furnish  gas,  and  may, 
therefore,  by  contract,  grant  to  a 
corporation  the  exclusive  right  to 
the  use  of  its  streets  for  that  pur- 
pose for  a term  of  years. 

Injunction  is  a proper  remedy  to 
prevent  a city  which  has,  by  con- 
tract, conferred  such  a privilege, 
from  conferring  a like  privilege 


upon  another  corporation.  City  of 
Newport  vs.  Newport  Light  Co.,  84 
Ky.  166;  8 R.  22. 

(3)  Acquisition  of  existing  gas 
works — under  option  to  purchase — 
option  may  be  transferred — how 
value  estimated.  Covington  Gas 
Light  Co.  vs.  City  of  Covington,  22 
R.  796. 

(4)  See  notes  to  § 3068,  as  to 
granting  of  franchises  under  pres- 
ent constitution. 

Sub-Section  7. 

(1)  While  public  policy  forbids  a 
contractor  from  asserting  his  statu- 
tory lien  against  public  improve- 
ments or  the  enforcement  of  it  by 
a sale  of  the  property,  yet  a sub- 
contractor may  assert  a lien  so  as 
to  affect  and  reach  moneys  in  the 
hands  of  public  authorities  in  lien 
of  the  improvements  there  involved. 
Noonan  vs.  Hastings,  etc.,  101  Ky. 
312;  19  R.  485. 

(2)  A city  council,  under  a statute 
giving  it  general  power  to  establish 
market  places  and  provide  for  their 
regulation,  passed  an  ordinance  es- 
tablishing a market  place,  fixing  the 
market  hours,  and  prohibiting  the 


28 


City  Charter. 


§ 3058 


ings  for  the  use  of  the  city ; to  provide  for  the  government  and 
regulation  of  markets,  market  places  and  meat  shops,  and  the 
amount  of  license  tax  to  be  paid  therefor. 

8.  Inspection  of  meats  and  other  provisions  — engrossing.— 
To  restrain  and  punish  engrossing,  forestalling  and  re-grating ; 
to  regulate  the  inspection  and  vending  of  flesh,  fish,  meats,  poul- 
try, fruits,  vegetables,  butter,  lard  and  other  provisions,  and  the 
place  and  manner  of  selling  and  inspecting  the  same. 

9.  Public  grounds. — To  provide  for  inclosing,  improving 
and  regulating  all  grounds  belonging  to  the  city. 

10.  Intoxicating  liquors  — regulation  of. — To  restrain,  reg- 
ulate and  prohibit  the  selling  or  giving  away  of  any  spirituous, 
vinous  or  malt  liquors  by  any  person  within  the  city,  other  than 


sale  of  fresh  meat  in  the  city  in  less 
quantities  than  by  the  quarter  at  any 
other  than  the  market  place  during 
the  market  hours.  Held,  That  the 
regulation  was  not  unreasonable,  op- 
pressive, nor  against  public  policy. 
City  of  Bowling  Green  vs.  Carson, 
73  Ky.  (10  Bush)  64. 

(3)  The  city  of  Louisville  has  the 
power  to  prohibit  its  citizens,  by  the 
infliction  of  penalties,  from  selling 
at  market  articles  not  the  produce 
of  the  seller.  City  of  Louisville  vs. 
Roupe,  45  Ky.  (6  B.  Mon.)  591 
(year  1846). 

Sub- Section  8. 

(1)  By  statute  of  1840  the  mayor 
jnd  aldermen  of  the  city  of  Louis- 
ville are  authorized  to  define  by  or- 
dinance the  offense  of  foresta’ling, 
and  to  impose  fines  and  penalties  to 
suppress  the  same.  The  tenth  sec- 
tion of  the  ordinance  made  in  pur- 
suance of  4he  statute  prohibited  the 
sale  and  offer  for  sale  within  any  of 
the  market  houses,  during  market 
hours,  of  articles  of  provision,  or 
ether  kinds  of  marketing,  which 


were  sold,  purchased,  or  forestalled 
at  any  place  within  the  city.  Held , 
That  the  acts  prohibited  by  the  or- 
dinance constituted  the  offense  of 
forestalling  and  the  definition  of  it 
within  the  meaning  of  the  statute. 
City  of  Louisville  vs.  Roupe,  45  Ky. 
(6  B.  Mon.)  591. 

Sub-Section  10. 

(1)  A city  ordinance  fixing  a cer- 
tain fee  for  license  to  sell  liquors  on 
rmy  street  other  than  Main  street, 
and  fixing  a larger  fee  for  license  to 
sell  on  that  street,  is  invalid,  to  the 
extent  that  it  discriminates  against 
business  conducted  on  Main  street, 
being  to  that  extent  special  legisla- 
tion. Board  of  Council  of  Harrods- 
burg  vs.  Renfro,  22  R.  806. 

(2)  Mandamus  to  compel  issuance 
of  license.  See  Carey  vs.  Trustees 
of  Town  of  Butler,  6 R.  744;  Riley 
vs.  Rowe,  1 12  Ky.  817,  23  R.  2168. 

Where  the  board  of  council  of  a 
city  of  the  fourth  class  arbitrarily 
and  wrongfully  refused  to  grant  a 
license  for  the  sale  of  intoxicating 
liquors  therein,  mandamus  was  the 


§3058 


City  Charter. 


29 


those  duly  licensed ; to  forbid  and  punish  the  selling  or  giving 
away  of  any  spirituous,  vinous  or  malt  liquors  to  any  woman, 
minor  or  habitual  drunkard. 

11.  Weights  and  measures  — inspection  of  elevators,  burn- 
ing thiids,  and  other  goods  and  provisions. — To  establish  and  reg- 
ulate the  standard  of  weights  and  measures  to  be  used  in  the  city, 
and  to  provide  for  the  inspection  of  all  weights  and  measures,  and 
to  compel  dealers  in  all  kinds  of  coal  to  weigh  the  same  on  public 
scales,  and  to  establish,  license,  tax  and  regulate  public  scales,  and 
the  charges  for  the  use  of  the  same  ; to  make  provisions  for  the 
inspection  and  measurement  of  lumber  and  other  building  mate- 
rial, for  the  inspection  of  elevators,  steam  boilers,  and  all  steam 
heating  apparatus,  and  to  license  engineers  and  others  using  steam 
boilers  or  other  steam  apparatus  in  said  city,  and  for  the  inspec- 
tion of  beef,  pork,  meal,  oil,  coal-oil,  naptha,  benzine  and  other 
burning  fluids ; molasses,  syrups,  turpentine,  vinegar,  beer,  ale, 
wines,  whisky,  rum,  brandy  and  other  spirituous,  vinous  or  malt 
liquors  in  barrels,  hogsheads  or  other  vessels ; for  the  inspection 
and  weighing  or  measuring  hay,  coal,  charcoal,  fire- wood,  and  all 
other  kinds  of  fuel  to  be  used  in  the  city ; for  the  inspection  of 
butter,  cheese,  milk,  lard  and  all  other  provisions ; for  regulating 
the  weight  and  quality  of  bread ; Provided,  That  nothing  herein 
shall  be  so  construed  as  to  authorize  an  inspection  of  any  article 
enumerated  in  this  subdivision  which  is  to  be  shipped  beyond  the 
limits  of  the  city,  except  at  the  request  of  the  owner  thereof ; to 
inspect  and  regulate  house  drainage  and  sewer  connections. 


proper  remedy  to  compel  them  to 
grant  the  same.  C.  B.  George  & Bro. 
vs.  City  of  Winchester,  26  R.  170. 

(3)  A city  ordinance  declaring 
that  it  shall  be  unlawful  for  any 
woman  to  go  in  and  out  of  a build- 
ing where  a saloon  is  kept  for  the 
sale  of  liquors,  or  “to  frequent,  loaf, 
or  stand  around  said  building  within 
fifty  feet  thereof,”  and  providing 
for  the  punishment  of  any  saloon- 
keeper who  shall  permit  a violation 
of  that  provision  of  the  ordinance, 


is  void,  as  being  an  unreasonable 
interference  with  individual  liberty. 
Gastenau  vs.  Commonwealth,  108 
Ky.  473,  22  R.  157. 

(4)  Application  to  wholesale  deal- 
ers, see  Cofer  vs.  Commonwealth, 
27  R.  934. 

Sub-Section  ii#. 

(1)  According  to  the  standard  in 
use  in  the  United  States  custom 
houses,  and  adopted  by  the  law  of 
Kentucky,  the  bushel  contains 


30 


City  Charter. 


§3°5& 


12.  Riots y routs  and  unlawful  assemblages  — nuisances. — To 
restrain  and  prevent  any  riot,  rout,  noise,  disturbance  or  disor- 
derly assemblage ; the  playing  of  ball  or  any  other  amusements  or 
practice  dangerous  or  annoying  to  persons  or  property,  or  tend- 
ing to  frighten  horses  or  teams,  in  any  street,  house  or  place  in 
the  city,  and  to  regulate  or  prohibit  the  running  at  large  of  cattle, 
cows,  hogs,  goats,  and  all  other  animals  within  the  limits  of  the 
city,  and  to  authorize  the  impounding  and  sale  of  the  same ; to 
restrain  and  prohibit  the  ringing  of  bells,  blowing  of  horns, 
bugles  or  steam  whistles,  crying  of  goods,  and  all  other  noises, 
performances  and  practices  tending  to  the  collection  of  persons 
on  the  streets  and  sidewalks,  by  auctioneers  and  others,  for  the 
purpose  of  business,  amusement  or  otherwise ; to  prevent  and 
remove  all  obstructions  and  encroachments  upon  or  over  the  side- 


2.150.42  cubic  inches.  Caldwell  vs. 
Dawson,  61  Ky.  (4  Met)  121. 

(2)  For  standard  weights  and 
measures  see  Kentucky  Statutes, 
§ 4815,  et  seq. 

Sub-Section  12. 

(1)  There  exists  no  principle  of 
law  which  subjects  a municipal  cor- 
poration to  responsibility  for  injuries 
to  property  in  its  territorial  limits 
by  a mob. 

The  officers  of  a city  are  quasi  civil 
officers,  and  are  responsible  for  mal- 
feasance or  non-feasance  in  office ; 
but  the  corporation  is  not  respon- 
sible. Prather  vs.  City  of  Lexing- 
ton, 13  B.  M.  559. 

But  see  § 8,  Kentucky  Statutes, 
and  Higgins  vs.  Town  of  Crab  Or- 
chard, 7 R.  675;  8 R.  1 12;  9 R.  404; 
11  R.  237;  City  of  Henderson  vs. 
Pargny,  15  R.  745;  and  the  follow- 
ing : An  assemblage  of  one  thou- 

sand people  in  the  main  street  of  a 
city,  obstructing  the  use  of  the  street, 
discharging  bombs,  skyrockets,  etc., 


endangering  life,  is  a “riotous  or 
tumultuous  assemblage  of  people, ,r 
within  Kentucky  Statutes,  § 8,  mak- 
ing any  city  liable  for  injury  to  prop- 
erty by  such  an  assemblage  where 
the  city  had  notice  of  the  danger 
and  the  ability  to  prevent  the  dan- 
ger ; and  this  is  true  though  the  per- 
sons composing  the  assemblage  were 
celebrating  Christmas,  and  were  not 
bent  on  evil.  City  of  Madisonville 
vs.  Bishop,  1 13  Ky.  106,  23  R.  2363. 

(2)  Nuisances  in  general.  See 
Boyd  vs.  Board  of  Councilmen  of 
City  of  Frankfort,  25  R.  1311. 

(3)  A town  ordinance  to  restrain 
animals  from  running  at  large  within 
the  corporate  limits,  applies  to  ani- 
mals belonging  to  persons  residing 
without  the  limits  of  the  corpora- 
tion. McKee  vs.  McKee,  47  Ky.  (8 
R.  Mon.)  433. 

(4)  Trustees  having  passed  an  or- 
dinance subjecting  owners  of  unruly 
or  dangerous  animals  to  a fine  for 
permitting  them  to  go  at  large,  it 
was  not  part  of  their  duty  to  keep 


§3058 


City  Charter. 


3i 


walks,  curb-stones,  carriage-ways,  streets,  avenues  and  alleys  at 
the  expense  of  the  owners  or  occupants  of  the  ground  fronting 
on  same. 

13.  Protection  of  city’s  rights. — To  take  all  needful  steps, 
in  or  out  of  the  State,  to  protect  the  rights  of  the  city  in  any 
corporation  in  which  the  city  may  acquire  an  interest. 

14.  Support  of  insane  and  inebriates. — To  provide  for  the 
support,  maintenance  and  confinement  of  idiots,  insane  persons 
and  inebriates,  and  to  make  suitable  provision  for  the  maintenance 
and  support  of  poor  persons. 

15.  Enumeration  of  inhabitants. — To  provide  for  the  enu- 
meration of  inhabitants  of  the  city  for  any  purpose  whatever. 


the  streets  free  from  such  animals. 
Pearce  vs.  City  of  Lancaster,  1 R. 

4T2. 

(5)  A city  ordinance  authorizing 
the  seizure  and  sale  of  hogs  run- 
ning at  large,  without  any  judicial 
determination  of  a forfeiture,  is  in- 
valid, and  an  order  of  the  city  court 
directing  such  seizure  and  sale  is  no 
protection  to  the  officer  making  it. 
Gallager  vs.  Wooster,  4 R.  256.  See 
Varden  vs.  Mount,  78  Ky.  86. 

(6)  The  owner  must  have  an  op 
portunity  of  asserting  his  rights;  if 
possible,  personal  service  of  sum- 
mons should  be  had  upon  him,  but 
if  he  is  not  known  or  is  beyond  the 
jurisdiction  of  the  court,  it  is  suf- 
ficient that  the  procedure  be  in  rem 
Gentry  vs.  Little,  16  R.  26.  See  also 
Denham  vs.  Anderson,  14  R.  366; 
39i. 

(7)  Under  provisions  of  act  gov- 
erning cities  of  the  fifth  class,  an 
ordinance  authorizing  the  sale,  on 
ten  days’  published  notice,  of  hogs 
found  running  at  large  and  im- 
pounded, is  valid,  though  the  no- 
tice does  not  correspond  to  the  pro- 
cess prescribed  by  the  Civil  Code. 


Thompson  vs.  Millen,  24  R.  2479. 

(8)  Obstructions  upon  street.  See 
notes  to  § 3094. 

(9)  Injunction  was  issuable  to 
restrain  party  fencing  in  an  alley. 
Alexander  vs.  Tebeau,  24  R.  1305. 

(10)  Party  specially  damaged 
thereby  may  bring  suit  for  the  re- 
moval of  obstructions  in  street, 
though  suit  brought  by  the  city  for 
removal  thereof  is  pending.  Bour- 
bon Stockyard  Co.  vs.  Woolley,  25 
R.  477. 

Sub- Section  14. 

(1)  While  the  care  of  the  indi- 
gent poor,  geiierally,  is  given  over 
to  the  counties  and  cities,  the  State 
is  not  thereby  precluded  from  exer- 
cising some  part  of  the  same  power 
in  some  other  proper  way.  Auditor 
vs.  Kentucky  Children’s  Home  So- 
ciety, 26  R.  1133. 

Sub- Section  15. 

(1)  For  the  purpose  of  determin- 
ing the  population,  and  so  the  limit 
of  indebtedness,  a city  may  take  a 
census  pursuant  to  an  ordinance, 
though  a federal  census  has  been 
taken  two  months  before ; especially 


12 


City  Charter. 


§ 3058 


16.  City  prison,  work-house  and  other  buildings  — purchase 
and  sale  of  property. — To  establish,  erect  and  maintain  a city 
prison,  a work-house,  a house  of  correction,  a house  of  refuge, 
and  all  other  municipal  buildings ; make  all  needful  regulations, 
and  appoint  all  proper  persons  and  assistants  therefor ; to  pur- 
chase, rent  or  lease,  within  the  limits  of  the  city,  or  elsewhere, 
any  real  or  personal  property  for  the  use  of  the  city,  and  to  con- 
trol, manage,  improve,  sell,  lease  or  otherwise  dispose  of  the  same, 
for  such  purposes  and  considerations  as  they  may  deem  proper 
for  the  public  welfare. 

17.  Fast  riding  or  driving  — standing  of  animals  or  ve- 
hicles— driving  heavy  vehicles  — abuse  of  animals. — To  prevent, 
prohibit  or  suppress  horse-racing,  immoderate  driving  or  riding 
within  the  streets,  and  to  authorize  any  person  to  stop  any  such 
person  immoderately  riding  or  driving  as  aforesaid ; to  prohibit 
and  punish  the  abuse  of  animals,  and  to  prevent  the  hitching  of 
any  animal  on  any  particular  street  or  streets ; to  prescribe  the 
manner,  and  limit  the  time  of  standing  animals  and  vehicles 
attached  to  animals  in  any  street  or  streets,  and  to  forbid  large 
and  heavily  loaded  vehicles  from  passing  along  particular  street 
or  streets. 

18.  Vagrants,  beggars,  gamblers  and  prostitutes. — To  re- 
strain and  punish  vagrants,  mendicants,  street  beggars,  gamblers 


where  territory  has  been  added  in 
the  meantime.  Lancaster  vs.  City 
of  Owensboro^  24  R.  1978,  2249. 

Sub-Section  16. 

(1)  Donation  by  second-class  city 
of  money  to  aid  in  erection  of  State 
houses  of  reform  is  upheld.  Board 
of  Trustees  vs.  City  of  Lexington, 

R.  1470. 

(2)  Under  this  section  and  § 3038, 
Held,  That  the  acquisition  of  land 
for  a public  park  was  for  a munici- 
pal purpose,  and  authorized.  City 
of  Lexington  vs.  Kentucky  Chau- 
tauqua Assembly,  24  R.  1568. 


Sub-Section  18. 

(1)  A city  ordinance  forbidding 
the  transmission  to  a pool-room  op- 
erator of  messages  intended  to  be 
used  in  the  business  of  pool  selling 
in  the  city  is  a valid  exercise  of  the 
police  power  of  the  State.  City  oi 
Louisville  vs.  Wehmhoff,  25  R.  995. 

(2)  Kentucky  Statutes,  § 3490, 
providing  that  the  board  of  council 
of  a city  of  the  fourth  class  shall 
have  the  power  to  pass  ordinances 
“to  restrain  and  punish”  prostitutes, 
authorized  a city  ordinance  pro- 
viding for  the  punishment  of  any 
prostitute  being  on  the  streets  of 


§3058 


City  Charter. 


33 


and  prostitutes,  and  define  who  shall  be  considered  and  treated 
as  vagrants. 

19.  License  and  tax  of  dogs  — dogs  running  at  large. — To 
license,  tax,  regulate  or  restrain  and  prohibit  the  running  at  large 
of  dogs,  and  to  authorize  their  destruction  when  at  large  con- 
trary to  ordinance,  and  impose  penalties  on  the  owners  or  keepers 
thereof. 

20.  Control  of  railways,  poles,  wires,  bridges,  in  the  streets. 
— To  direct  and  control  the  laying  and  construction  of  steam, 
electric,  street  or  other  railroad  tracks,  bridges,  turnouts  and 
switches,  poles,  wires,  apparatus  and  appliances  in  the  streets 
and  alleys,  and  the  location  of  depot  grounds  within  the  city ; to 
require  that  bridges,  turnouts  and  switches  shall  be  so  constructed 
and  laid  as  to  interfere  as  little  as  possible  with  ordinary  travel 
and  the  use  of  the  streets  and  alleys,  and  that  sufficient  space  shall 


the  city  between  the  hours  of  7 
o’clock  p.  m.  and  4 o’clock  a.  m.  fol- 
lowing, “except  in  instances  of  rea- 
sonable necessity.”  Dunn  vs.  Com- 
monwealth, 105  Ky.  834,  20  R.  1649. 
See  also  Hechinger  vs.  City  of 
Maysville,  22  R.  486. 

Sub-Section  19. 

(1)  An  ordinance  requiring  the 
owner  of  a dog  to  apply  to  a city 
clerk  to  register  and  procure  a 
stamped  collar  for  each  dog,  and  to 
pay  a certain  sum  for  each  dog  so 
owned  and  registered,  to  be  paid 
into  the  city  treasury,  is  not  invalid ; 
such  ordinance  is  a license  tax,  and 
valid  as  a police  regulation.  Com- 
monwealth vs.  Markham,  70  Ky.  7 
(Bush)  486. 

(2)  The  mere  fact  that  appellee, 
in  consideration  of  the  payment  of 
a tax  or  license  fee  by  the  owner 
of  a vicious  dog,  licensed  him  to 
keep  the  dog  within  the  city  limits, 
dees  not  render  the  appellee  liable 
for  injury  done  to  appellant  by  the 


dog  upon  a public  thoroughfare  of 
the  city.  Lewis  vs.  City  of  Louis- 
ville, 6 R.  224. 

Sub- Section  20. 

(1)  Without  some  legislative  au- 
thority, a city  can  not  authorize  the 
construction  of  street  railways.  City 
may  exact  a bonus  for  the  privilege 
o-f  using  its  streets.  Cov.  St.  Ry. 
vs.  Cov.,  9 Bush  127. 

(2)  A city  does  not  yield  its  con- 
trol of  streets  or  the  right  to  repair 
them  and  improve  them  by  reason 
of  a street  railway  having  been  laid 
thereon,  and  where  the  city  assumes 
the  burden  of  improving,  it  is  just 
and  equitable  that  the  company  shall 
be  required  to  contribute.  Newport 
St.  Ry.  Co.  vs.  City  of  Newport,  1 
R.  124. 

(3)  The  occupation  and  use  of  a 
street  of  a city  or  town  as  the  site 
of  a steam  railroad  does  not  entitle 
owners  of  the  fee  adjacent  thereto 
to  the  center  of  the  street  to  com- 
pensation, as  for  property  taken  for 


( 3 N ) 


34 


City  Charter. 


§ 3058 


be  kept  on  either  side  of  said  tracks  for  the  safe  and  convenient 
passage  of  teams’  and  persons ; to  require  all  railroad  companies 
to  construct  and  keep  in  repair  suitable  crossings  at  the  inter- 
sections of  streets  and  alleys,  ditches,  sewers,  culverts,  and  to 
light  and  guard  the  same ; to  require  said  companies  to  erect  gates 
at  certain  or  all  street  crossings ; to  direct  the  use  and  regulate 
the  speed  of  locomotive  engines,  steam,  electric,  street  or  other 
kind  of  cars  within  the  limits  of  the  city ; to  prohibit  and  restrain 
railroad  companies  from  doing  any  storage  and  warehouse  busi- 
ness or  collecting  money  for  storage,  except  in  cases  where  the 
consignor  or  consignee  of  goods  or  wares  fails  to  remove  the 
same  within  a reasonable  time  from  the  depots  of  such  companies, 
and  -to  prohibit  the  making  of  running  switches. 

21.  Telegraph,  telephone  and  electric  light  wires. — To  corn- 


public  use.  Elizabethtown  & Padu- 
cah R.  R.  Co,  vs.  Thompson,  79  Ky. 
52;  1 R.  395- 

(4)  But  the  grantee  of  the  use  of 
a street  must  use  it  so  as  not  to  “pre- 
vent, obstruct  or  unreasonably  im- 
pede the  passage  of  persons,  wagons 
or  other  vehicles.”  Commonwealth 
vs.  City  of  Frankfort,  92  Ky.  149; 
13  R.  705. 

(5)  A city  has  no  power  to  grant 
to  a railroad  company  the  right 
to  construct  and  operate  a railway 
through  its  streets  and  alleys,  unless 
it  is  expressly  authorized  to  do  so 
either  by  its  own  charter  or  by  the 
charter  of  the  railroad  company. 
Commonwealth  vs.  City  of  Frank- 
fort, 92  Ky.  149,  13  R.  705,  13  R. 
52;  Ruttle  vs.  City  of  Covington,  10 
R.  766. 

(6)  An  action  will  lie  in  equity 
by  a town  to  compel  a railroad  com- 
pany to  maintain  a proper  crossing 
where  its  road  crosses  a public 
street,  when  the  right  of  way 
through  the  town  has  been  granted 


on  condition  that  it  maintain  proper 
crossings  where  its  road  crosses  pub- 
lic streets.  Louisville  Southern  Ry. 
Co.  vs.  Board  of  Trustees  of  Town 
of  Harrodsburg,  17  R.  780. 

(7)  Rights  in  and  use  of  high- 
ways and  public  places.  See  Klos- 
terman  vs.  Ches*apeake  & O.  Ry.  Co., 
22  R.  192 ; Koch  vs.  Ky.  & I.  Ry.  & 
Bridge  Co.,  26  R.  216;  and  for  a 
full  discussion  of  the  rights  of  street 
railways  as  to  crossing  and  use  of 
tracks  of  other  roads,  see  Louisville 
& N.  Ry.  Co.  vs.  Bowling  Green  Ry. 
Co.,  no  Ky.  788,  23  R.  273;  Louis- 
ville City  Ry.  Co.  vs.  Central  Pass. 
Ry.  Co.,  87  Ky.  223,  10  R.  125 ; City 
of  Owensboro  vs.  Owensboro  N.  & 
PT.  Co.,  19  R.  449. 

(8)  An  ordinance  of  a city  of  the 
fourth  class,  requiring  all  railroad 
companies  to  erect  safety  gates  at 
certain  street  crossings,  is  author- 
ized. Chesapeake  & O.  Ry.  Co.  vs. 
City  of  Maysville,  24  R.  615. 

Sub-Section  21. 

(1)  A foreign  telegraph  corpora- 


§3058 


City  Charter. 


35 


pel  telephone,  telegraph,  gas  and  electric  light  companies,  and  all 
persons  and  corporations  using,  controlling  or  managing  electric 
light  wires  for  any  purpose  whatever,  and  telegraph  and  tele- 
phone wires,  to  put  and  keep  their  wires  under  ground,  and  to 
regulate  the  manner  of  doing  the  same,  and  the  use  of  all  such 
wires  and  connections  therewith. 

22.  Fire  department. — To  provide  for  the  establishment  and 
maintenance  of  a fire  department,  and  to  make  all  needful  regu- 
lations for  the  prevention  and  extinguishing  of  fires. 

23.  Fines,  forfeitures  and  imprisonment. — To  impose,  en-  JfaiAx*. 

force  and  collect  fines,  forfeitures  and  penalties  for  the  breach  of  /j~4  ^ 

any  provision  of  this  act  or  any  ordinance ; to  punish  the  violation  />rz~  / 


tion  engaged  in  interstate  commerce 
is  not  entitled  to  construct  its  poles 
and  wires  on  the  streets  of  a city 
without  payment  of  compensation. 
Postal  Tel.  Cable  Co.  vs.  City  of 
Newport,  25  R.  635. 

(2)  A telephone  company,  with- 
out municipal  authority  to  establish 
and  operate  a telephone  system,  can 
not  prevent  the  erection  of  a rival 
telephone  plant.  East  Tenn.  Tel. 
Co.  vs.  Anderson  County  Tel.  Co., 
22  R.  418. 

(3)  Until  the  consent  of  the 
proper  legislative  authority  of  a city 
or  town  was  obtained,  a telephone 
company  could  acquire  no  right  to 
use  the  streets  of  a city.  East  Tenn. 
Tel.  Co.  vs.  Anderson  Co.  Tel.  Co., 
24  R.  2358.  See,  also,  City  of  Louis- 
ville vs.  Wehmhoff,  Note  1,  §3058, 
Sub-Sec.  18. 

(4)  Previous  to  the  adoption  of 
the  present  Constitution,  a city  coun- 
cil could  not,  without  legislative  au- 
thority, grant  to  any  person  or  cor- 
poration the  right  to  occupy  the 
streets  of  the  city  with  telephone 
poles  and  wires,  that  being  an  ad- 
ditional servitude.  East  Tenn.  Tel. 


Co.  vs.  City  of  Russellville,  106  Ky. 
667,  21  R.  305. 

(5)  Rights  of  two  companies  oc- 
cupying same  side  of  street.  Cum- 
berland Telephone  and  Telegraph 
Co.  vs.  Louisville  Home  Tel.  Co., 
24  R.  1 676. 

Sub- Section  22. 

(1)  A municipal  corporation  is 
not  liable  to  the  owner  of  property 
destroyed  or  damaged  by  fire  in  con- 
sequence of  its  neglect  to  provide 
engines  or  fire  apparatus.  Pottin- 
ger  vs.  Owensboro  Water  Co.,  4 R. 
449;  Patch  vs.  City  of  Covington, 
17  B.  M.  722;  Sandusky  vs.  City  of 
Central  City,  22  R.  669. 

Sub-Section  23. 

(1)  A municipal  corporation  is 
net  liable  for  the  acts  of  its  officers 
in  enforcing  the  criminal  or  penal 
laws  of  the  Commonwealth  or  in 
enforcing  penal  ordinances  of  the 
city.  Municipal  officers,  while  en- 
gaged in  duties  relating  to  the  pub- 
lic safety  and  in  the  maintenance 
of  public  order,  are  servants  of  the 
Commonwealth.  Taylor  vs.  City  of 
Owensboro,  98  Ky.  271. 


36 


City  Charter. 


§ 3058 


of  any  provision  of  this  act,  or  any  ordinance  of  this  city,  by  fines 
or  imprisonment,  or  by  both  fine  and  imprisonment ; and  no  ordi- 
nance shall  fix  a penalty  for  a violation  thereof  at  less  than  that 
imposed  by  statute  for  the  same  offense. 

24.  Parks,  cemeteries  and  public  grounds. — To  prohibit  and 
regulate  the  opening  and  vacating  of  parks,  cemeteries,  graveyards 
and  public  grounds  within  the  city. 


(2)  A municipal  corporation  is 
answerable  for  the  damage  done  to 
anv  person  by  its  officers  in  enforc- 
ing an  unconstitutional  ordinance, 
or  by-law,  enacted  for  the  sole  ben- 
efit of  the  corporation  or  its  citizens. 
Therefore  one  who  has  been  impris- 
oned by  a town  marshal  for  his  fail- 
ure to  pay  a fine  imposed  under 
such  a void  ordinance  has  a right 
of  action  against  the  town  therefor. 
McGraw  vs.  Town  of  Marion,  98 
Ky.  673;  17  R 1254.  Compare  with 
Fox  vs.  City  of  Richmond,  19  R.  326 

(3)  When  a city  by  its  agents  and 
officers  compels  a party  by  hard  labor 
to  satisfy  a fine  imposed  on  him  by 
a void  judgment,  the  court  not  hav- 
ing jurisdiction  of  the  offense,  the 
city  having  received  the  services  and 
appropriated  them  to  its  use,  it  is 
liable  to  the  party  for  their  value. 
Fox  vs.  City  of  Richmond,  19  R.  326. 

(4)  A city  ordinance  prescribing 
a greater  penalty  for  an  offense  than 
that  prescribed  by  the  State  Statute 
for  the  same  offense  is  void.  Taylor 
vs.  City  of  Owensboro,  98  Ky.  271 ; 
17  R.  856.  But  see  City  of  Owens- 
boro vs.  Sparks,  99  Ky.  351,  18  R. 
269,  in  which  it  was  held  an  ordi- 
nance may  fix  a higher  but  not  a 
lower  penalty  for  a statutory  offense 
than  that  fixed  by  statute. 

(5)  The  provision  of  § 168  of  our 


Constitution,  that  “no  municipal  or- 
dinance shall  fix  a penalty  for  a 
violation  thereof  at  less  than  that 
imposed  by  statute  for  the  same  of- 
fense,” applies  only  to  offenses  for 
which  a statutory  penalty  has  been 
fixed,  but  not  to  offenses  punish- 
able only  at  common  law.  City  of 
Owensboro  vs.  Simms,  99  Ky.  49; 
17  R.  1393. 

(6)  The  imposition  of  a fine  by 
the  common  council  of  a city  of 
the  fifth  class  for  peddling  without 
license  within  the  city  limits  in  an 
amount  less  than  that  imposed  by 
the  Kentucky  Statutes  for  the  same 
offense,  was  not  in  violation  of 
§ 168  of  the  Constitution,  the  ordi- 
nance denouncing  the  offense  and 
imposing  the  fine  b^ing  purely  local 
in  its  nature.  The  City  of  Carlisle 
vs.  Hechinger  & Co.,  20  R.  74. 

(7)  Conviction  under  an  ordi- 
nance in  police  court  for  an  offense, 
not  punishable  by  statute,  such  as 
nuisance,  does  not  bar  a conviction 
for  same  offense  under  indictment. 
Respess  vs.  Commonwealth,  107  Ky.. 
139,  21  R.  789;  Lucas  vs.  Common- 
wealth, 26  R.  740. 

(8)  An  ordinance  prescribing  a 
less  penalty  for  the  offense  of  dis- 
orderly conduct  than  is  prescribed 
by  Kentucky  Statutes,  § 1268,  for  the 
offense  of  breach  of  the  peace,  etc.. 


§3058 


City  Charter. 


37 


25.  Maintenance  of  peace  and  good  government. — To  pass 
all  such  ordinances,  not  inconsistent  with  the  provisions  of  this 
act,  or  the  laws  of  the  State,  as  may  be  expedient  in  maintaining 
the  peace,  good  government,  health  and  welfare  of  the  city,  its 
trade,  commerce  and  manufactures,  and  to  enforce  the  same  by 
fines  and  penalties;  and  any  enumeration  of  subjects  and  matters 
herein  to  be  regulated  shall  not  be  construed  as  a limitation  upon 
this  general  power. 

26.  Eminent  domain. — To  exercise  the  right  of  eminent 


does  not  violate  Constitution,  § 16S, 
providing  that  no  municipal  ordi- 
nance shall  fix  a penalty  for  a vio- 
lation thereof  at  less  than  that  im- 
posed by  the  statute  for  the  same 
offense,  as  the  offenses  are  not  the 
same.  City  of  Mt.  Sterling  vs. 
Holly,  108  Ky.  621,  22  R.  358.  See 
also  Louisville  & N.  Ry.  Co.  vs. 
Commonwealth,  25  R.  1452 ; see  fur- 
ther Orme  vs.  Commonwealth,  21  R. 
1412;  Mullins  vs.  City,  23  R.  436; 
Kehr  vs.  Commonwealth,  26  R.  1234. 

Sub-Section  25. 

(1)  A government  can  not  divest 
itself  of  police  power.  South  Cov- 
ington & Cin.  Street  Ry.  vs.  Berry, 
93  Ky.  43;  13  R-  943- 

(2)  An  ordinance  requiring  a 
street  railway  company  to  have  both 
a conductor  and  a driver  on  each  of 
its  cars  is  a police  regulation,  and 
is  authorized  by  a provision  of  the 
city  charter  which  confers  upon  the 
council  the  power  to  pass  all  ordi- 
nances “that  may  be  necessary  for 
the  due  and  effectual  administration 
of  right  and  justice  in  said  city,  and 
for  the  better  government  thereof,” 
and  “to  cause  the  removal  or  abate- 
ment of  any  nuisance.”  South  Cov. 
& Cin.  Street  Ry.  Co.  vs.  Berry, 
Mayor,  93  Ky.  43;  13  R.  943. 


(3)  A city  can  not  enforce  its 
contracts  by  penal  ordinance  in  cases 
which  do  not  involve  the  morals, 
health  or  safety  of  the  people.  It 
must  resort  to  the  courts  for  relief 
in  the  same  manner  as  individuals. 
City  of  Newport  vs.  Newport  and 
Cincinnati  Bridge  Co.,  90  Ky.  193 ; 
12  R.  39- 

(4)  An  ordinance  expressly  au- 
thorized by  statute  can  not  be  de- 
clared void  on  the  ground  that  it  is 
an  unreasonable  and  oppressive  ex- 
ercise of  the  police  power.  C.  & O. 
R.  R.  Co.  vs.  Maysville,  24  R.  615. 

(5)  An  ordinance  imposing  a fine 
for  a train  to  remain  across  a street 
more  than  ten  minutes,  in  so  far  as 
it  conflicts  with  Kentucky  Statutes, 
§ 768,  fixing  same  at  five  minutes,  is 
void.  L.  & N.  Ry.  Co.  vs.  Common- 
wealth, 25  R.  1432-2050. 

(6)  For  construction  of  this  sec- 
tion, see  Stone  vs.  Paducah,  27  R. 
717.  See  further  City  of  Mt.  Ster- 
ling vs.  Holly,  22  R.  621. 

Sub- Section  26. 

(1)  When  the  closing  up  of  one 
end  of  a street  or  alley  leaves  the 
owner  of  property  bordering  upon 
the  street  or  alley  no  convenient  rea- 
sonable means  of  access  to  other 
streets  to  which  he  has  heretofore 


3§ 


City  Charter. 


§ 3059 


domain  in  accordance  with  the  general  laws  regulating  the  exer- 
cise of  such  right. 

27.  Appropriation  of  money. — To  appropriate  money,  and 
to  provide  for  the  payment  of  the  debts  and  expenses  of  the  city. 

§ 3°59-  Ordinances  and  resolutions  — one  subject  ex- 
pressed in  title  — amendments. — No  ordinance  and  no  reso- 
lution shall  be  passed  unless  a majority  of  the  members-elect  in 
each  board  shall  vote  therefor  on  a viva  voce  vote,  which  shall  be 
entered  in  full  on  the  journals  of  the  two  boards,  and  until  it  shall 
have  been  read  in  each  board  at  two  several  meetings,  and  free 


had  convenient  access,  he  is  entitled 
to  his  action  for  damage ; or  the 
corporation,  whether  municipal  or 
private,  seeking  to  appropriate  the 
street  to  its  own  use,  must  resort  to 
the  writ  of  ad  quod  damnum,  and 
under  it  compensate  the  owner  for 
the  injury  sustained.  Gargin  vs. 
Louisville,  New  Albany  and  Chicago 
Ry.  Co.,  89  Ky.  212;  11  R.  489. 

(2)  If  a consent  order  in  con- 
demnation proceedings  be  construed 
as  attempting  to  release  the  title  of 
the  city  to  any  part  of  the  land  con- 
demned, it  is  void  for  want  of  au- 
thority in  the  city  attorney  to  give 
such  consent.  Long  vs.  Louisville, 
21  R.  463. 

§3059-  (1)  As  to  reading  at  two 

several  meetings,  see  Nevin  vs. 
Roach,  86  Ky.  492,  9 R.  819. 

(2)  In  order  for  the  court  to 
know  that  an  ordinance  was  prop- 
erly passed,  it  must  appear  that  it 
was  in  pursuance  of  the  charter,  and 
to  do  this  the  facts  must  be  stated. 
Trustees  of  Bellevue  vs.  Hohn,  82 
Ky.  1,  5 R.  730;  Dunn  vs.  German 
Security  Bank,  5 R.  778. 

(3)  The  subject  embraced  in  an 
ordinance  requiring  attorneys,  etc., 
to  pay  a license  fee  is  sufficiently  ex- 


pressed in  the  title,  “An  ordinance 
concerning  certain  licenses  in  the 
city  of  Louisville.”  Elliott  vs.  City 
of  Louisville,  101  Ky.  262. 

(4)  “An  ordinance  to  amend  § 208, 
Chapter  XII.,  of  the  city  ordinances,” 
and  relating  to  offices,  and  salaries 
and  bonds  of  officers,  is  valid,  as 
these  subjects  are  naturally  con- 
nected. Lowry  vs.  City  of  Lexing- 
ton, 1 13  Ky.  763,  24  R.  516. 

(5)  An  ordinance  entitled  an  or- 
dinance prohibiting  the  dispensing 
of  spirituous  liquors  during  certain 
hours,  closing  saloons,  coffee-houses, 
and  like  places  of  business  during 
such  period,  and  requiring  the  re- 
moval of  obstructiofis  to  the  interior 
view  from  saloons,  coffee-houses,  or 
like  places  of  business,  is  not  re- 
pugnant to  this  provision.  McNulty 
vs.  Toopf,  25  R.  430.  See  also  City 
of  Louisville  vs.  Wehmhoff,  25  R. 
995,  supra. 

(6)  An  ordinance  for  the  furnish- 
ing of  the  city  with  light,  heat  and 
power,  by  means  of  either  gas,  hot 
water  or  steam,  relates  to  at  least 
three  subjects,  and  is,  therefore,  in- 
valid. Silva,  for,  etc.,  vs.  City  of 
Newport,  27  R.  212. 

(7)  As  to  amendment  and  repeal, 


§§  3°6o,  3061 


City  Charter. 


39 


discussion  allowed  thereon ; so  much  of  this  provision  as  requires 
a reading  at  two  several  meetings  may  be  suspended  by  a vote  of 
two-thirds  of  all  the  members-elect  of  the  board  in  which  the 
proposed  ordinance  or  resolution  is  pending.  No  ordinance  shall 
embrace  more  than  one  subject,  and  that  shall  be  expressed  in 
the  title.  No  ordinance  shall  be  revived  or  re-enacted  by  mere 
reference  to  the  title  thereof,  but  the  same  shall  be  set  forth  at 
length,  as  if  it  were  an  original  ordinance.  No  ordinance  shall  be 
amended  by  providing  that  designated  words  thereof  be  stricken 
out  and  others  inserted  in  lieu  thereof,  but  the  ordinance  or  sec- 
tion amended  shall  be  set  forth  in  full  as  amended.  (Approval 
or  disapproval  by  mayor,  Sec.  3114.) 

§ 3060.  Ordinance  eor  raising  revenue  — where  to 
originate. — All  ordinances  and  resolutions  for  raising  revenue 
shall  originate  in  the  board  of  councilmen,  but  the  board  of  aider- 
men  may  propose  amendments  thereto ; Provided,  No  new  matter 
is  introduced  under  color  of  amendment  which  does  not  relate  to 
raising  revenue. 

§3061.  Passage,  modification,  repeal  oe  ordinances  — 
publication  OE  ordinances. — The  general  council  shall  have 


see  Lowry  vs.  City  of  Lexington,  24 
R.  516;  Baker  vs.  City  of  Lexing- 
ton, 21  R.  809;  Wethington  vs.  City 
of  Owensboro,  21  R.  960.  With  ref- 
erence to  Kentucky  Statutes,  § 465, 
Reed  vs.  Bates,  24  R.  2312. 

(8)  Every  clause  or  word  of  an 
ordinance  should  be  presumed  to 
have  been  intended  to  have  some 
force  and  effect.  Metropolitan  Life 
Ins.  Co.  vs.  Darenkamp,  23  R.  2249. 

(9)  The  resolution,  if  it  had  been 
passed  with  the  formality  required 
in  the  enactment  of  an  ordinance, 
would  have  been  binding  as  an  ordi- 
nance. Gleason  vs.  Barnett,  22  R. 
1660. 

( 10)  Where  the  invalid  provisions 
of  an  ordinance  can  be  eliminated 
without  affecting  the  remainder,  it 


will  not  be  invalid  in  toto.  McNulty 
vs.  Toopf,  25  R.  430. 

( 1 1 )  Enactment  of  two  ordinances 
relating  to  same  subject  at  same 
time,  no  objection  being  made,  valid. 
City  of  Louisville  vs.  Gast,  26  R. 
412,  and  see  Weatherhead  vs.  Cody, 
27  R.  631. 

§ 3060.  For  construction  of  a like 
constitutional  provision  with  refer- 
ence to  bills  for  raising  revenue,  see 
Commonwealth  vs.  Bailey,  81  Ky. 
395,  4 R.  384;  also  World’s  Fair 
cases,  93  Ky.  537,  14  R.  529;  Ran- 
kin vs.  City  of  Henderson,  9 R.  861. 

§3061.  (1)  Under  Kentucky  Stat- 
utes, § 3257,  part  of  the  charter  of 
cities  of  the  third  class,  providing 
that  all  ordinances  “in  force  at  the 
time  this  law  takes  effect,  and  not 


40 


City  Charter. 


§ 3062 


power  to  pass,  modify,  amend  and  repeal  all  ordinances  necessary 
and  proper  for  carrying-  into  effect  the  powers  granted  by  this  act ; 
and  all  ordinances,  by-laws,  resolutions  and  orders  now  in  force, 
not  inconsistent  with  this  act  and  the  Constitution  of  the  State, 
are  hereby  continued  until  they  are  revised,  and  until  revision  of 
ordinances  is  made  and  adopted  by  the  general  council,  which  is 
hereby  ordered  to  be  done  within  one  year  from  the  time  this  act 
takes  effect.  And  then,  and  once  in  every  five  years  thereafter, 
the  city  shall  cause  to  be  published  in  pamphlet  form,  properly 
indexed,  all  the  ordinances  and  resolutions  of  a public  nature  in 
force.  When  an  ordinance  is  put  upon  its  final  passage  in  either 
board,  and  failing  to  pass,  a motion  is  made  to  reconsider  the  vote 
by  which  it  was  defeated,  the  vote  upon  such  motion  to  reconsider 
shall  be  immediately  taken,  and  the  subject  finally  disposed  of 
before  the  board  proceeds  to  other  business.  When  a motion  is 
made  and  carried  to  indefinitely  postpone  an  ordinance  or  resolu- 
tion, the  subject  shall  not  be  again  introduced  within  six  months. 

§ 3062.  Authentication  oe  ordinances  — evidence. — 
All  ordinances  and  resolutions  of  the  city  may  be  proved  by  the 
signature  of  the  clerk  and  the  seal  of  the  city ; when  printed  by 


inconsistent  with  the  provisions 
thereof,  shall  remain  and  be  in  force 
until  altered  or  repealed  by  the  coun- 
cil,” all  inconsistent  ordinances  be- 
came inoperative  when  such  charter 
became  a law  _ Wethington  vs.  City 
of  Owensboro,  21  R.  960.  See  also 
East  Term.  Tel.  Co.  vs.  City  of  Rus- 
sellville, 21  R.  305. 

(2)  Kentucky  Statutes,  § 465,  pro- 
viding that  no  new  law  shall  be  con- 
strued to  repeal  a former  law  as  to 
any  offense  committed  or  penalty  in- 
curred thereunder,  except  that  any 
provision  mitigating  a penalty  may 
be  applied  to  a judgment  pro- 
nounced after  the  new  law  takes 
effect,  applies  to  city  ordinances  as 
well  as  to  general  laws.  Baker  vs. 
City  of  Lexington,  21  R.  809. 


(3)  Citizens  and  taxpayers  and 
persons  dealing  with  the  corpora- 
tion are  bound  to  take  notice  of  the 
proceeding  of  the  general  council. 
Barret  vs.  Godshaw,  12  Bush  592 ; 
Murphy  vs.  Louisville,  9 Bush  189; 
Craycraft  vs.  Selvage,  10  Bush  696. 

(4)  A revision  made  after  the  ex" 
piration  of  the  one  year  provided  by 
this  section  was  valid.  Lowry  vs. 
City  of  Lexington,  113  Ky.  763,  24 
R.  516. 

§ 3062.  Authenticated  copies  of 
the  records  of  trustees  of  towns  are 
competent  evidence  in  controversies 
about  the  titles  to  the  lots  in  the 
town.  Dudley  vs.  Grayson,  22  Ky. 
(6  T.  B.  Mon.)  259.  See  also  Bar- 
ret vs.  Godshaw,  12  Bush  592;  Cov- 
ington vs.  Ludlow,  1 Met.  298. 


§3063 


City  Charter. 


4i 


authority  of  the  city,  said  printed  copy  shall  be  received  in  evidence 
in  all  courts  and  places  without  further  proof. 

§3063.  Validity  oe  ordinance — how  established  — 
recording  — warrant  eor  violation. — The  validity  of  city  ordi- 
nances and  by-laws  may  be  tried  by  writ  of  prohibition  from  the 
circuit  court,  with  right  of  appeal  to  the  Court  of  Appeals,  or 
upon  ex  parte  petition  by  the  city,  or  any  bona  tide  citizen  and 
resident  thereof,  to  the  circuit  court,  with  right  of  appeal ; and 
it  is  made  the  duty  of  said  court  to  give  such  cases  precedence 
of  all  other  cases,  so  that  prompt  decisions  may  be  rendered. 
Should  the  judge  of  the  police  court  decide  against  the  validity 
of  any  ordinance  or  by-law,  the  said  decision,  with  the  ordinance 
or  by-law,  shall,  on  request  of  the  city  attorney,  be  certified  on 
the  record,  and  the  city  shall  have  a right  of  carrying  said 
decision  to  the  Court  of  Appeals  by  appeal  or  writ  of  error.  All 
penalties  for  violation  of  the  ordinances  and  by-laws  shall  be  sued 
for  by  warrant,  in  the  name  of  the  city,  to  the  police  court,  when 
judgment  may  be  given  as  well  for  the  cost  as  the  penalties.  The 
general  council  shall  cause  all  ordinances,  resolutions  and  by-laws 
passed  by  them  to  be  fairly  recorded  in  the  journal  of  proceed- 
ings. After  the  adjournment  of  any  session  of  either  House,  all 
the  original  ordinances  and  all  resolutions  which  may  have  become 
laws  thereat  shall  be  filed  with  the  auditor,  who  shall  record  the 


§3063.  (1)  Validity  of  ordinance 

may  be  tried  by  writ  of  prohibition, 
as  provided  in  this  section.  City  of 
Lexington  on  appeal,  96  Ky.  258 ; 
see  further  Blair  vs.  McCann,  23  R. 
1226;  Shoemaker  vs.  Hodge,  23  R. 
736;  Shinkle  vs.  Covington,  83  Ky. 
420,  7 R.  412 ; Bybee  vs.  Smith,  22 
R.  467 ; Stone  vs.  Paducah,  27  R.  717 

(2)  In  an  action  under  this  sec- 
tion, no  other  question  should  be 
litigated,  and  no  affirmative  relief 
can  be  granted  to  a person  who  on 
his  own  motion  was  made  a party  in 
order  to  defend  the  validity  of  the 
ordinance.  Home  Const.  Co.  vs. 


Duncan,  111  Ky.  914,  23  R.  1225; 
see  also  Chesapeake  & O.  Ry.  Co. 
vs.  City  of  Maysville,  24  R.  615; 
Boyd  vs.  Frankfort,  25  R.  1311. 

(3)  Court  is  required  to  give  cases 
precedence.  Shoemaker  vs.  Hodge, 
2 3 R.  736. 

(4)  If  a city  ordinance  is  invalid, 
one  who  is  affected  by  it  has  the 
right,  in  order  to  prevent  irreparable 
injury,  and  a multiplicity  of  prose- 
cutions, to  go  into  a court  of  equity 
for  relief.  City  of  Newport  vs.  New- 
port and  Cincinnati  Bridge  Co.,  90 
Ky.  193,  12  R.  39;  Shinkle  vs.  Cov- 
ington, 83  Ky.  420,  7 R.  412. 


42 


City  Charter. 


§ 3064 


same  in  well-bound  books  provided  for  that  purpose  by  the  city ; 
Provided,  That  no  ordinance  shall  be  recorded  until  it  shall  have 
become  a law.  The  auditor  shall  also  make  a written  index  of 
the  subject  of  the  ordinance  or  resolution,  its  number,  and  the 
date  of  its  becoming  a law,  together  with  the  record  and  page 
where  found,  and  he  shall  preserve  the  file  and  records  in  his  office. 

§ 3064.  Salaries  to  be  fixed  by  council  except  in  cer- 
tain cases. — The  general  council,  unless  otherwise  provided  by 
law,  shall  fix  the  salary  and  compensation  and  prescribe  the  duties 
of  all  officers,  deputies  and  employes  of  the  city,  except  as  to  the 
officers  in  office  when  this  act  takes  effect.  Such  salaries  shall  be 
fixed  before  their  election  or  employment,  and  the  salaries  of  no 
city  officer,  deputy  or  employe,  when  so  fixed,  shall  be  changed 
after  his  election,  employment  or  appointment  during  his  term  of 
office  or  employment,  and  no  officer,  deputy  or  employe  of  the 
city  shall  be  entitled  to  any  compensation  or  salary  unless  he, 
in  person  or  by  authorized  deputy,  discharges  and  performs  the 
duties  of  his  office.  All  officers,  deputies  and  employes  of  the 


(5)  Taxpayer  may  maintain  an 
action  to  have  an  ordinance  levying 
a tax  declared  invalid,  though  no 
levy  has  been  made  under  it.  Ram- 
sey vs.  City  of  Shelbyville,  26  R. 
1102. 

§ 3064.  ( 1 ) Salaries  of  officers  can 
not  be  changed  during  term.  Board 
of  Education  vs.  Moore,  24  R.  1478. 

(2)  The  amount  due  by  a city  to 
one  of  its  officers  for  services  per- 
formed, or  set  apart  to  such  officer, 
so  that  he  has  a right  to  demand  it, 
is  a proper  subject  of  garnishment; 
but  wages  or  salary  not  due  at  the 
commencement  of  suit  is  not  so  sub- 
ject. Bridgeford  vs.  Keenehan,  8 R. 
268 ; see  Holt  vs.  Thurman,  23  R.  92. 

(3)  The  salary  of  a city  officer 
may  be  fixed  by  statute  or  ordinance 
after  he  goes  into  office  where  no 
salary  has  theretofore  been  fixed. 


City  of  Louisville  vs.  Wilson,  99  Ky. 
598,  18  R.  427. 

(4)  A police  officer  has  no  term 
of  office.  He  may  be  discharged  at 
any  time  with  or  without  cause, 
therefore  his  salary  may  be  reduced 
at  any  time.  City  of  Lexington 
ve.  Rennick,  20  R.  1609;  City  vs. 
Thompson,  24  R.  384;  Gilbert  vs. 
City  of  Paducah,  24  R.  1998. 

(5)  Council  has  no  authority  to 
make  an  extra  allowance  to  the  city 
physician  for  attending  smallpox  pa- 
tients. City  of  Owensboro  vs.  Stir- 
man,  8 R.  263. 

(6)  The  increase  of  the  duties  of 
a city  officer  does  not  imply  any  ob- 
ligation to  increase  his  salary.  City 
of  Covington  vs.  Mayberry,  9 Bush 
304- 

(7)  An  office  established  and  held 
for  the  public  good  is  not  a contract. 


§3065 


City  Charter. 


43 


city,  except  as  hereinafter  provided,  shall  be  paid  a fixed  salary, 
and  not  otherwise,  and  all  fees  and  commissions  authorized  by 
law  shall  revert  to  and  be  for  the  use  and  benefit  of  the  city. 

§ 3065.  Salary  not  to  exceed  eive  thousand  dollars 

PER  YEAR  — PROVISION  WHERE  OEElCERS  ARE  PAID  FEES. — The 
salary  of  no  officer  of  the  city,  including  all  necessary  deputies 
and  clerks,  shall  exceed  five  thousand  dollars  per  annum ; and  no 
officer  to  whom  fees,  costs  and  commissions  may  be  authorized  by 
general  law  to  be  paid,  shall  be  entitled  to  or  paid  any  part  of  his 
salary  until  he  shall  have  made,  on  oath,  an  itemized  report  to  the 
general  council  of  all  fees,  costs  and  commissions  collected  by 
him,  and  have  paid  over  to  the  city  treasurer  such  fees,  costs 
and  commissions  collected  by  him,  and  have  given  to  the  general 


Standeford  vs.  Wingate,  63  Ky.  (2 
Duv.)  440. 

(8)  When  salary  is  not  fixed  when 
one  takes  office,  it  may  be  fixed 
after  officer  is  elected.  Marion  Co. 
vs.  Kelly,  22  R.  174;  Barrett  vs. 
City,  22  R.  667 ; and  see  Lowrey  vs. 
Lexington,  24  R.  516,  also  24  R.  1478. 

(9)  As  to  compensation  by  per- 
centage of  fees  and  amounts  col- 
lected, see  Boltz  vs.  City  of  New- 
port, 22  R.  961  ; Atchinson  vs.  City 
of  Owensboro,  24  R.  1529;  City  of 
Ludlow  vs.  Richie,  25  R.  1581 ; 
Maxey  vs.  Town  of  Tompkinsville, 
25  R.  1948. 

(10)  Where  a city  attorney  at- 
tended to  considerable  litigation  for 
the  city  in  the  Court  of  Appeals,  he 
was  entitled  to  expenses  thereby  in- 
curred, in  addition  to  his  salary. 
City  of  Ludlow  vs.  Richie,  25  R. 
1581.  Not  entitled  where,  after  term 
of  office,  he,  without  request  of  city, 
assisted  his  successor.  Atchinson 
vs.  City  of  Owensboro,  24  R.  1529. 

(11)  This  section  relates  alone  to 
fees,  costs  and  commissions  arising 


out  of  their  performance  of  their 
duties  to  the  city,  and  does  not  au- 
thorize the  city  to  convert  to  its  use 
the  fees  allowed  by  the  State  to  such 
officers  for  the  arrest  of  felons  under 
the  provisions  of  § 354  of  the  Ken- 
tucky Statutes.  Burke  on  petition, 
101  Ky.  175,  19  R.  358. 

(12)  A city  officer  who  has  been 
removed  can  not  maintain  an  action 
against  the  city  for  alleged  salary 
accruing  subsequent  to  his  removal, 
until  there  has  been  an  adj  udication, 
in  a direct  proceeding,  declaring  him 
entitled  to  the  office  and  his  suc- 
cessor a usurper.  Gorley  vs.  City 
of  Louisville,  20  R.  602,  104  Ky.  372. 

(13)  Plaintiff  can  not  recover 
from  city  for  services  as  jail  guard 
in  the  absence  of  any  appointment 
or  agreement  to  pay  him.  City  of 
Covington  vs.  Elliott,  21  R.  895. 

(14)  Effect  of  assigning  a city  to 
a different  class  upon  term,  duties 
and  salary  of  officers.  See  Gilbert 
vs.  City  of  Paducah,  24  R.  1998. 

§3065.  A city  (fifth  class)  is  en- 
titled to  recover  from  its  marshal 


44 


City  Charter. 


§§  3066,  3067 


council  satisfactory  reasons  for  a failure  to  collect  and  pay  over 
to  the  city  treasurer  all  uncollected  fees,  costs  and  commissions. 

§ 3066.  Dangerous  or  unhealthy  premises  — construc- 
tion OE  buildings  — eires  — smoke. — The  city,  through  its  offi- 
cers and  agents,  may,  at  all  reasonable  times,  within  the  city  and 
within  two  miles  of  the  city  limits,  enter  into  and  examine  all 
dwellings,  lots,  yards,  inclosures  and  buildings,  cars  and  vehicles 
of  every  description,  to  ascertain  their  condition  of  healthfulness, 
cleanliness  and  safety,  take  down  and  remove  buildings,  walls  or 
superstructures  that  are  or  may  become  dangerous,  or  require 
owners  to  remove  or  put  them  in  a secure  and  safe  condition 
at  their  own  expense ; may  direct  and  regulate  the  building  and 
maintenance  of  partition,  parapet  and  fire  walls,  partition  fences, 
ovens,  smoke  flues,  fire  places,  hot-air  flues,  boilers,  kettles,  smoke- 
stacks, stove-pipes,  and  the  erection  and  cleaning  of  chimneys ; 
shall  provide  for  the  safe  construction,  inspection  and  repair  of  all 
private  and  public  buildings  in  the  city ; compel  persons  to  aid  in 
extinguishing  fires,  or  in  the  preservation  of  property  liable  to  be 
destroyed  or  stolen,  and  compel  the  consumption  of  smoke,  and 
make  such  regulations  as  may  be  necessary  to  prevent  the  same 
from  becoming  deleterious  and  offensive  to  health ; to  prescribe 
fire  limits  within  which  it  shall  be  unlawful  to  erect  buildings  of 
wood  or  combustible  material. 

§ 3067.  Provision  against  eires  in  hotels,  eactories 
and  other  public  places. — The  general  council  shall,  without 
unnecessary  delay,  enact  stringent  and  effective  laws  for  securing 
the  safety  of  persons  from  fires  in  hotels,  factories  or  other  build- 
ings, and  in  halls  and  buildings  let  or  used  for  public  assemblies, 
for  entertainments,  or  for  amusement,  inside  the  city  limits,  or 
within  two  miles  of  the  city  limits. 


taxes  and  dues  collected  by  him,  and 
costs  and  fees  erroneously  allowed 
him  by  mistake  in  making  such  col- 
lection. City  of  Lancaster  vs.  Ar- 
nold, 20  R.  34. 

§3066.  (1)  Particular  ordinances 

in  reference  to  this  subject  con- 
strued. Krickle  vs.  Commonwealth, 


40  Ky.  (1  B.  Mon.)  361;  Boyd  vs. 
City  of  Frankfort,  25  R.  1311. 

(2)  Removal  of  dead  animals. 
Knauer  vs.  City  of  Louisville,  20  R. 
193;  Meyer  vs.  Jones,  20  R.  1632. 

§ 3067.  (1)  An  ordinance  provid- 

ing for  fire  escapes  valid  under  pro- 
visions of  charter  of  cities  of  first 


§§  3°68,  3069 


City  Charter. 


45 


§ 3068.  Granting  franchises  or  privileges  — terms  and 
manner  OF. — The  general  council  shall  not  grant  any  franchise 
or  privilege,  or  make  any  contract  in  reference  thereto,  for  a term 
exceeding  twenty  years.  Before  granting  such  franchise  or  privi- 
lege for  a term  of  years,  the  general  council  shall  first,  after  due 
advertisement  in  one  or  more  papers  in  the  city,  receive  bids  there- 
for publicly,  and  award  the  same  to  the  highest  and  best  bidder, 
but  shall  have  the  right  to  reject  any  and  all  bids. 

§ 3069.  Expenditure  of  money  limited  — penalties. — 
The  general  council  shall  not  expend  any  money  in  excess  of  the 
amount  annually  levied,  collected  or  appropriated  for  any  special 
object.  Any  member  of  the  general  council  who  shall  knowingly 
vote  for  any  appropriation  of  money  or  for  the  making  of  any 
contract  in  violation  of  'this  act,  or  any  officer  of  the  city  who 
shall  knowingly  do  any  act  to  impose  upon  the  city  any  pecu- 
niary liability  in  excess  of  the  authority  in  this  act  limited,  shall 
be  guilty  of  a misdemeanor,  and,  upon  conviction,  be  punished  by 
a fine  of  not  less  than  one  hundred  nor  more  than  one  thousand 
dollars,  or  imprisonment  in  the  county  jail  not  less  than  one  month 
nor  more  than  one  year,  or  by  both  such  fine  and  imprisonment. 


class.  Louisville  Public  Library  vs. 
City  of  Louisville,  26  R.  202. 

§ 3068.  ( 1 ) A franchise  to  use  a 

street  of  a city  is  not  exclusive  un- 
less it  is  expressly  declared  to  be  so 
in  the  grant.  Duval  vs.  Goodson, 
1 R.  319. 

(2)  A contract  for  water  sup- 
plies intered  into  by  the  city  at  the 
same  time  an  invalid  franchise  was 
granted  is  not  separable  from  the 
grant,  but  both  are  invalid.  Nich. 
Water  Co.  vs.  Town  of  Nich.,  18  R. 
592. 

(3)  Grant  of  a franchise  for  a 
term  of  twenty  years  to  begin  at  a 
future  date  is  in  violation  of  this 
section.  City  vs.  Smith,  105  Ky. 
678,  20  R.  1488;  and  see  Keith  vs. 
Johnson,  22  R.  947. 


(4)  “Highest  and  best  bidder” — 
words  mandatory  — definition  of. 
Keith  vs.  Johnson,  22  R.  947 

(5)  A city  can  not  enlarge  a fran- 
chise already  granted  except  by 
award  to  the  highest  and  best  bid- 
der. People’s  E.  L.  and  P.  Co.  vs. 
Capital  Gas  and  E.  L.  Co.,  25  R. 
327.  See  Monarch  vs.  Owensboro 
City  Ry.  Co.,  27  R.  380. 

§3069.  (1)  As  to  what  consti- 

tutes an  appropriation  for  a particu- 
lar purpose,  see  City  of  Louisville 
vs.  Gosnell,  22  R.  1524. 

(2)  Limitation  on  use  of  funds 
or  credit  in  general.  Neumeyer  vs. 
Krakel,  no  Ky.  624,  23  R.  190; 
Board  of  Trustees  of  House  of  Re- 
form vs.  City  of  Lexington,  112  Ky. 
1 71,  23  R.  1470. 


46 


City  Charter. 


§ 3070, 3071 


§3070.  Appropriations  restricted. — No  appropriation  or 
payment  shall  be  made  from  any  revenue  or  fund  account  in 
excess  of  the  amount  actually  collected,  or  anticipated,  as  herein- 
after provided,  and  in  the  treasury. 

§3071.  Apportionment  oe  revenue  — appropriating 

money — BORROWING INTEREST BONDED  INDEBTEDNESS. — With- 

in the  first  month  of  each  fiscal  year  the  general  council  shall,  by 
ordinance,  as  near  as  practicable,  make  all  necessary  apportion- 
ments of  the  revenue  to  be  raised  for  such  year  for  the  expense 
of  the  several  departments  and  for  all  public  works,  under  proper 
headings,  and  for  such  other  objects  as  it  may  be  necessary  to 
provide  for.  All  ordinances  that  contemplate  the  appropriation 
of  any  money  shall,  upon  their  second  reading,  be  referred  to 
the  appropriate  committee  of  the  board  in  which  such  ordinances 
are  introduced,  who  shall  obtain  the  indorsement  thereon  of  the 
auditor  to  the  effect  that  sufficient  unappropriated  means  stand  to 
the  credit  of  the  fund  or  revenue  account  therein  mentioned  to 
meet  the  requirements  of  such  ordinances,  and  that  the  same  is  in 
the  treasury,  or  it  shall  not  be  lawful  to  pass  the  said  ordinance. 
The  general  council  shall  have  power  to  borrow  money  on  the 
credit  of  the  city  in  anticipation  of  revenue  from  general  taxes 
for  the  fiscal  half  year  in  which  the  same  is  borrowed,  and  pledge 
any  of  the  property  of  the  city,  except  school  property,  or  pledge 
any  part  of  the  anticipated  taxes  of  the  city  for  the  payment  of  the 
principal  arid  interest  of  such  loan ; Provided  That  the  interest 


§ 3070.  (1)  See  City  Council  of 

Richmond  vs.  Powell,  101  Ky.  7,  16 
R.  174,  and  City  of  Covington  vs. 
McKenna,  99  Ky.  509,  18  R.  288 ; 
City  of  Louisville  vs.  Gosnell,  22  R. 
1524. 

§3071.  (1)  When  bonds  are  issued 
by  a city  for  the  express  purpose  of 
retiring  or  taking  the  place  of  other 
outstanding  bonds  o.f  the  city,  the 
amount  represented  by  them  is  not 
to  be  considered  as  an  increase  of 
the  city’s  indebtedness  in  estimating 
the  amount  of  indebtedness  which 


it  may  incur  under  the  limit  fixed  by 
§158  of  the  Constitution.  Farson, 
Leach  & Co.  vs.  Board  of  Commis- 
sioners of  Sinking  Fund  of  the  City 
of  Louisville,  97  Ky.  119,  16  R.  856; 
Bank  v.  Taylor  Co.,  23  R.  1483. 

(2)  As  to  power  to  issue  renewal 
bonds,  construing  § 159  of  the  Con- 
stitution, see  Commissioners  of  the 
Sinking  Fund  of  City  of  Louisville 
vs.  Zimmerman,  101  Ky.  435,  19  R. 
689.  See  also  O’Bryan  vs.  City  of 
Owensboro,  113  Ky.  680,  24  R.  645. 

(3)  As  to  constitutional  limita- 


§ 3072,  3°73 


City  Charter. 


47 


paid  shall  in  no  case  exceed  six  per  cent,  per  annum,  and  the 
principal  shall  in  no  case  exceed  fifty  per  cent  of  the  anticipated 
revenue.  The  bonded  and  floating  debt  of  the  city  at  the  time  of 
the  passage  of  this  act,  which  has  been  authorized  by  contract  or 
general  law,  shall  remain  unimpaired,  and  the  general  council  may 
issue  renewal  bonds  or  funding  bonds,  bearing  not  exceeding  six 
per  cent,  per  annum  interest,  in  payment  of  such  bonded  or  float- 
ing debt ; Provided , That  the  issual  of  said  renewal  and  funding 
bonds  shall  not  exceed  the  principal  of  said  bonded  and  floating 
debt,  and  said  renewal  and  funding  bonds  shall  not  be  sold  for 
less  than  par  and  accrued  interest. 

§ 3072.  Bonds  to  pay  eor  uncompleted  contracts. — The 
general  council  shall  have  power  to  issue  city  bonds  for  an  amount 
sufficient  to  construct,  complete  and  pay  for  any  sewer,  building 
or  other  public  improvement  authorized  to  be  constructed  under 
laws  heretofore  enacted,  or  for  the  completing  and  carrying  out 
any  contract  made  for  the  construction  of  any  such  sewer,  build- 
ing or  improvement ; Provided , That  such  bonds  shall  not  bear 
exceeding  six  per  centum  per  annum  interest,  payable  annually 
or  semi-annually,  and  shall  not  be  sold  for  less  than  par  and 
accrued  interest,  and  be  not  in  violation  of  the  Constitution  of  this 
Commonwealth. 

§3073.  Increase  oe  indebtedness  — vote  as  to  — bonds 
— sinking  Fund. — If,  at  the  time  of  the  adoption  of  the  present 
Constitution,  the  aggregate  indebtedness  of  the  city,  bonded  or 


tion  see  Constitution,  § 157,  and 
Beard  vs.  Hopkinsville,  95  Ky.  239; 
Richmond  vs.  Powell,  16  R.  174; 
Ramsey  vs.  Shelbyville,  26  R.  1102. 

§ 3072.  ( 1 ) Bonds  may  be  issued 

to  carry  out  or  complete  contracts 
authorized  before  the  adoption  of 
present  Constitution,  though  in  ex- 
cess of  limitations  imposed  by  the 
present  Constitution.  City  of  Lex- 
ington on  appeal,  96  Ky.  258,  16  R. 
467;  Warren  vs.  Newport,  23  R. 
1006;  Dyer  vs.  City  of  Newport,  26 
R.  204. 


§3073-  (1)  §158  of  the  Consti- 

tution prohibits  incurring  a legal 
liability  to  pay  in  any  manner  for 
any  purpose,  when  a given  amount 
of  indebtedness  has  been  incurred, 
and  therefore  a debt  payable  upon 
the  happening  of  some  event,  such 
as  the  rendering  of  service  or  the 
delivery  of  property,  is  within  the 
prohibition.  And  it  can  make  no 
difference  whether  the  debt  be  for 
necessary  current  expenses  or  for 
something  else.  Nor  does  the  fact 
that  the  liability  is  within  the  limits 


48 


City  Charter. 


3073 


floating,  including  that  which  it  has  been  or  may  be  authorized 
to  contract  under  the  provisions  of  the  present  Constitution,  shall 
exceed  ten  per  cent,  of  the  value  of  taxable  property  therein,  then 
such  city  shall  be  authorized  and  permitted  to  increase  its 
indebtedness  in  an  amount  not  exceeding  two  per  cent. ; Provided, 
The  assent  of  two-thirds  of  the  voters,  voting  at  an  election  held 
for  that  purpose,  shall  have  heretofore  been  or  may  hereafter  be 
obtained,  and  to  issue  bonds  for  such  increased  indebtedness,  to 
the  amount  so  authorized  by  the  vote  of  the  people,  and  to  levy 
and  collect  an  annual  tax  sufficient  to  pay  the  interest  on  said 
indebtedness,  and  create  a sinking  fund  for  the  payment  of  the 
principal  thereof,  within  not  more  than  forty  years  from  the  time 
of  contracting  same.  Said  bonds  shall  bear  the  seal  of  the  city, 
and  be  issued  under  the  signature  of  the  mayor,  countersigned  by 
the  treasurer,  shall  be  serially  numbered,  and  in  such  form  and 
denominations,  and  for  such  time  or  times,  as  the  council  or  city 
government  may  prescribe  by  ordinance,  and  shall  bear  interest 


of  the  revenue  accruing  to  meet  it 
prevent  the  prohibition  from  apply- 
ing. Beard  vs.  City  of  Hopkinsville, 
95  Ky.  239;  15  R.  756. 

(2)  The  officers  to  hold  an  elec- 
tion concerning  a proposed  munici- 
pal indebtedness  may  be  appointed 
by  the  city  council  in  cities  of  the 
fifth  class.  Even  if  the  officers  hold- 
ing the  election  had  not  in  fact  been 
the  identical  ones  designated  by  law 
for  that  purpose,  the  election  would 
not  have  thereby  been  rendered  ille- 
gal and  void,  when  it  was  free  from 
fraud,  and  all  the  other  provisions 
of  law  were  fully  complied  with. 
16  R.  Winn  vs.  Board  of  Park 
Commissioners,  12  R.  339. 

(3)  An  election  under  § 157  of  the 
Constitution  to  take  the  sense  of  the 
voters  of  a city  as  to  the  incurring 
of  an  indebtedness  by  the  city  in  ex- 
cess of  the  limit  fixed  by  that  section 
can  not  be  held  on  any  other  day 


than  that  of  a regular  annual  elec- 
tion. (Overruling  Fidelity  Trust  and 
Safety  Vault  Co.  vs.  Morganfield, 
96  Ky.  564.)  Belknap  vs.  City  of 
Louisville,  99  Ky.  474,  18  R.  313. 

(4)  Under  § 157  of  the  Constitu- 
tion, it  requires  two-thirds  of  those 
voting  upon  the  question  of  incur- 
ring indebtedness  to  authorize  the 
same,  and  not  two-thirds  of  all  those 
voting  at  the  election  at  which  the 
question  is  submitted.  (Overruling 
City  of  Owensboro  vs.  Baker,  18  R. 
324;  McGoodwin  vs.  City  of  Frank- 
fort, 18  R.  762,  and,  in  part,  Belknap 
vs.  City  of  Louisville,  99  Ky.  474, 
18  R.  313.)  Montgomery  County 
Fiscal  Court  vs.  Trimble,  20  R.  827; 
Worthington  vs.  Board  of  Educa- 
tion of  Lexington,  24  R.  1510;  and 
see  Board  of  Education  vs.  Win- 
chester, 27  R.  994. 

(5)  More  than  one  proposition 
may  be  submitted  at  the  same  elec- 


§§  3°74> 3075 


City  Charter. 


49 


not  exceeding  six  per  cent,  per  annum,  payable  semi-annually,  and 
shall  have  interest  coupons  attached,  and  shall  not  be  sold  for 
less  than  par  and  accrued  interest,  and  their  proceeds  shall  be 
used  exclusively  to  pay  the  interest  on  and  create  a sinking  fund 
for  the  payment  of  the  principal  of  said  indebtedness  herein 
authorized,  or  that  may  have  been  authorized. 

§ 3074.  Exemption  from  taxation. — The  general  council 
shall  have  power  to  exempt  manufacturing  establishments  from 
municipal  taxation  for  a period  not  exceeding  five  years  as  an 
inducement  to  their  location  in  the  city. 

§ 3075.  Publication  of  receipts  and  expenditures. — 
The  general  council  shall  annually,  in  January  of  each  year,  pub- 
lish an  itemized  account  of  all  money  received  and  paid  out  during 
the  preceding  fiscal  year. 


tion.  Woolfolk  vs.  City  of  Paducah, 
25  R.  2149. 

(6)  In  particular  case  a re-can- 
vass  of  the  vote  was  required,  no 
bond  having  passed  into  the  hands 
of  a purchaser.  City  of  Louisville 
vs.  Board  of  Park  Commissioners, 
1 12  Ky.  409,  24  R.  38. 

(7)  The  fact  that  voters  residing 
in  territory  before  an  election  for 
the  issuance  of  bonds  did  not  have 
an  opportunity  to  vote  did  not  in- 
validate the  election.  Lancaster  vs. 
City  of  Owensboro,  24  R.  2249. 

(8)  Amount  of  indebtedness  — 
current  expenses  of  year  not  consid- 
ered — how  estimated.  O’Bryan  vs. 
City,  24  R.  469;  Whaley  vs.  Com- 
monwealth, 23  R.  1292 ; Knippes  vs. 
City,  22  R.  676;  City  vs.  McKenna, 
18  R.  288;  City  of  Ashland  vs.  Cul- 
bertson, 19  R.  1812 ; and  see  notes 
to  § 3071. 

(9)  Provisions  as  to  interest  and 
redemption.  See  Maddox  vs.  Gra- 
ham, 59  Ky.  (2  Mete.)  56;  Commis- 
sioners vs.  Zimmerman,  19  R.  689; 


Farson,  etc.,  vs.  Commissioners,  etc., 
16  R.  856;  Turpin  vs.  Madison 
County  Fiscal  Court,  20  R.  1131. 

(10)  Mayor  and  council  have  no 
authority  to  extend  time  where 
bonds  are  barred  by  statute  of  limi- 
tation. Wurth  vs.  Paducah,  25  R. 
586. 

§ 3074.  (1)  Exemption  does  not 

apply  to  plants  already  established. 
City  vs.  New  South  B.  and  I.  Co., 
21  R.  1782. 

(2)  A box  manufacturing  com- 
pany had  decided  to  close  out  its 
business,  had  ceased  to  make  new 
contracts,  and  was  merely  running 
for  the  purpose  of  completing  un- 
finished contracts,  when  a corpora- 
tion was  organized  which  purchased 
the  plant  and  entered  on  the  manu- 
facture of  boxes.  A number  of  the 
members  of  the  new  corporation 
were  members  of  the  old.  Held, 
The  new  corporation  properly  ex- 
empt. Mengel  Box  Co.  vs.  City  of 
Louisville,  25  R.  1861. 


UN) 


50 


City  Charter. 


§§  3076— 3078 


§ 3076.  Power  to  grant  licenses  — rates  to  be  eixed. — 
The  general  council  shall  have  power  to  authorize,  by  ordinance, 
the  proper  officers  of  the  city  to  grant  and  issue  licenses,  and  to 
direct  the  manner  of  issuing  and  regulating  the  same,  and  the 
fees  and  charges  to  be  paid  therefor,  except  as  hereinafter  pro- 
vided. No  license  shall  be  granted  for  more  than  one  year,  except 
at  public  letting,  and  not  less  than  three  dollars  shall  be  charged 
for  a license  under  this  charter  or  any  ordinance,  and  the  fees 
for  issuing  the  same  shall  not  exceed  one  dollar,  and  all  such  fees 
shall  belong  to  the  city.  All  licenses  for  the  sale  of  liquors  at 
retail  shall  be  issued  by  the  city  clerk,  and  in  accordance  with 
such  regulations  as  may  be  prescribed  by  ordinance  of  the  general 
council ; and  the  general  council,  at  the  first  meeting  after  this 
act  takes  effect,  shall  provide  such  regulations  by  ordinance,  also 
fixing  the  rate  of  license,  but  such  rate  shall  be  uniform  as  to  all 
licenses  for  the  sale  of  liquors  at  retail,  and  shall  not  be  less  than 
fifty  dollars  nor  more  than  one  hundred  and  fifty  dollars. 

§ 3077.  Funding  and  refunding  bonds  — authorized  to 
issue. — The  cities  of  the  second  class  in  the  Commonwealth  of 
Kentucky,  viz. : Covington,  Lexington  and  Newport,  are  hereby 
authorized  and  empowered  to  issue  funding  bonds  for  an  amount 
sufficient  to  pay  off  their  floating  debts  existing  under  contracts 
at  the  date  of  the  passage  of  this  act ; Provided , however,  That 
said  funding  bonds  shall  only  be  issued  for  an  amount  sufficient 
to  meet  the  principal  of  said  contract  indebtedness.  (This  section 
is  an  act  of  July  4,  1892.) 

§3078.  Refunding  bonds  hereafter  maturing. — Such 
cities  are  also  authorized  and  empowered  to  issue  bonds  for  the 
purpose  of  refunding  any  bonded  debt  which  may  hereafter  mature 
in  whole  or  in  part.  (This  section  is  an  act  of  July  4,  1892.) 


§3076.  (1)  An  ordinance  author- 

izing the  city  clerk  to  issue  a license, 
provided  the  applicant  has  complied 
with  the  law  and  shall  not  be  in 
arrears  for  license  for  any  previous 
year,  does  not  confer  j udicial  powers 
on  the  clerk.  Baker  vs.  Lexington, 
21  R.  809. 


(2)  A city  of  the  fifth  class  has 
authority  under  its  charter  to  accept 
notes  in  payment  of  license  fees,  and 
may  enforce  their  collection.  Searcy 
vs.  City  of  Lawrenceburg,  20  R.  1920. 

As  to  licensing  occupations,  see 
§ 3058,  Sub-section  2,  and  notes 
thereto. 


§§  3079—3082 


City  Charter. 


5i 


§ 3079.  Form,  denomination  and  time  to  run  — by 
whom  issued  — interest  — coupons. — Said  bonds  shall  be 
issued  under  the  signature  of  the  mayor,  the  countersignature 
of  the  city  treasurer,  and  the  seal  of  the  city,  serially  numbered, 
and  in  such  form  and  denomination,  and  for  such  time  or  times, 
as  the  general  council  or  common  council  in  said  cities  shall  pre- 
scribe by  ordinance ; said  bonds  shall  bear  not  exceeding  six  per 
cent,  per  annum  interest,  payable  semi-annually,  and  shall  have 
interest  coupons  attached,  and  shall  not  be  sold  for  less  than  par 
and  accrued  interest,  and  their  proceeds  shall  be  used  exclusively 
for  the  payment  of  said  floating  debts  or  the  refunding  of  such 
bonded  debt,  and  for  no  other  purpose  whatsoever.  ( This  section 
is  an  act  of  July  4,  1892.) 

§ 3080.  Sinking  eund  provided  eor  redemption. — Upon 
the  issuance  of  said  bonds,  each  of  said  cities  shall  annually  carry 
to  the  sinking  fund  of  the  said  city  an  amount  sufficient  to  pay 
the  annual  interest  on  said  bonds,  and  create  a fund  for  their  pur- 
chase from  time  to  time ; and  whenever  there  is  a sufficient  sum 
in  the  sinking  fund  over  and  above  the  amount  required  for  the 
payment  of  said  interest,  it  shall  be  used  in  the  purchase  of  so 
many  of  said  bonds  as  practicable.  ( This  section  is  an  act  of 
July  4,  1892.). 

§ 3081.  Act  validating  bonds  issued  under  preceding 
sections. — That  all  funding  and  refunding  bonds  issued  by  any 
city  or  cities  of  the  second  class  of  the  Commonwealth  of  Ken- 
tucky, under  and  by  virtue  of  an  act  of  the  General  Assembly 
of  the  Commonwealth  of  Kentucky,  entitled  “An  act  authorizing 
cities  of  the  second  class  in  the  Commonwealth  of  Kentucky  to 
issue  funding  and  refunding  bonds,”  be,  and  are  hereby  declared 
to  be,  the  valid  and  legal  obligations  of  the  city  issuing  the  same, 
as  fully  and  completely  as  if  said  act  had  been  in  all  respects  duly 
enacted.  ( This  section  is  an  act  of  February  15,  1893.)  ( This 

section  refers  to  the  four  preceding  sections.) 

§ 3082.  Bonds  to  pay  judgments  against  city  — time 
to  run. — The  cities  of  the  second  class,  in  the  Commonwealth 
of  Kentucky,  are  hereby  authorized  and  empowered  to  issue  bonds 
running  for  a period  of  not  less  than  five  nor  more  than  thirty 
years,  bearing  interest  not  to  exceed  six  per  cent,  per  annum,  for 


52 


City  Charter. 


§§  3083—3086 


the  purpose  of  paying  off  any  judgment  or  judgments  rendered 
against  any  such  city  upon  any  debt  created  and  existing  prior  to 
the  adoption  of  the  present  Constitution,  together  with  all  costs 
and  attorney’s  fees.  ( This  section  is  an  act  of  February  6, 

1893-) 

§3083.  Form,  denomination — time  to  run  — by  whom 
issued  — interest  — coupons. — Said  bonds  shall  be  issued  under 
the  signature  of  the  mayor,  the  countersignature  of  the  city  treas- 
urer, and  the  seal  of  the  city,  serially  numbered,  and  in  such  form 
and  denomination,  and  for  such  time  or  times  as  the  general 
council  or  common  council  in  said  cities  shall  prescribe  by  ordi- 
nance ; said  bonds  shall  bear  not  exceeding  six  per  cent,  per 
annum  interest,  payable  semi-annually,  and  shall  have  interest 
coupons  attached,  and  shall  not  be  sold  for  less  than  par  and 
accrued  interest,  and  their  proceeds  shall  be  used  exclusively  for 
the  payment  of  said  floating  debts,  and  for  no  other  purpose 
whatsoever.  (This  section  is  an  act  of  February  6,  1893.) 

§ 3084.  Sinking  eund  provided  eor  redemption,  etc. — 
Upon  the  issuance  of  said  bonds,  each  of  said  cities  shall  annually 
carry  to  the  sinking  fund  of  the  said  city  an  amount  sufficient  to 
pay  the  annual  interest  on  said  bonds,  and  create  a fund  for  their 
purchase  from  time  to  time,  or  redemption  at  maturity ; and  when- 
ever there  is  a sufficient  sum  in  the  sinking  fund  over  and  above 
the  amount  required  for  the  payment  of  said  interest,  it  shall  be 
used  in  the  purchase  of  so  many  of  said  bonds  as  practicable. 
(This  section  is  an  act  of  February  6,  1893.) 

§ 3085.  Refunding  bonds  for  payment  of  bonded  debt 
which  may  hereafter  mature. — The  cities  of  the  second  class 
in  the  Commonwealth  of  Kentucky,  namely,  Covington,  Lexing- 
ton and  Newport,  are  hereby  authorized  and  empowered  to  issue 
refunding  bonds  for  the  purpose  of  refunding  any  bonded  debt 
which  may  hereafter  mature  in  whole  or  in  part.  (This  section 
is  an  act  of  May  18 , 1893.) 

§ 3086.  Form,  denomination  — time  to  run  — by  whom 
issued  — interest  coupons. — Said  bonds  shall  be  issued  under 
the  signature  of  the  mayor,  the  countersignature  of  the  city 
treasurer,  and  the  seal  of  the  city,  serially  numbered,  and  in  such 
form  and  denomination,  and  to  run  for  such  time  or  times,  and 


§§  3087—3090 


City  Charter. 


53 


to  mature  and  be  redeemable  as  the  general  council  or  common 
council  in  said  cities  shall  prescribe  by  ordinance.  Said  bonds 
shall  bear  not  exceeding  six  per  cent,  per  annum  interest,  as  the 
general  or  common  council  may  direct,  payable  semi-anually,  and 
shall  have  interest  coupons  attached,  and  shall  not  be  sold  for  less 
than  par  and  accrued  interest,  and  their  proceeds  shall  be  used 
exclusively  for  the  refunding  of  such  bonded  debt,  and  for  no 
other  purpose  whatsoever.  ( This  section  is  an • act  of  May  18, 

1893-) 

§ 3087.  Sinking  fund  provided  for  redemption. — Upon 
the  issuance  of  said  bonds,  each  of  said  cities  shall  annually  carry 
to  the  sinking  fund  of  the  said  city  an  amount  sufficient  to  pay 
the  annual  interest  on  said  bonds,  and  create  a fund  for  their  pur- 
chase from  time  to  time ; and  whenever  there  is  a sufficient  sum 
in  the  sinking  fund  over  and  above  the  amount  required  for  the 
payment  of  said  interest,  it  shall  be  used  in  the  purchase  of  so 
many  of  said  bonds  as  practicable.  ( This  section  is  an  act  of 
May  18. ’ 1893.) 

§ 3088.  Funding  and  refunding  bonds  — amount  lim- 
ited.— The  cities  of  the  second  class  in  the  Commonwealth  of 
Kentucky,  namely,  Covington,  Lexington  and  Newport,  are  hereby 
authorized  and  empowered  to  issue  funding  bonds  for  an  amount 
sufficient  to  pay  off  their  floating  debts  existing  under  contracts 
at  the  date  of  the  adoption  of  the  Constitution ; Provided,  how- 
ever, That  said  funding  bonds  shall  only  be  issued  for  an  amount 
sufficient  to  meet  the  principal  of  said  contract  indebtedness. 
( This  section  is  an  act  of  July  10,  1893.) 

§ 3089.  Refunding  bonds  hereafter  maturing. — Such 
cities  are  also  authorized  and  empowered  to  issue  bonds  for  the 
purpose  of  refunding  any  bonded  debt  which  may  hereafter 
mature,  in  whole  or  in  part,  existing  at  the  date  of  the  adoption 
of  the  Constitution.  ( This  section  is  an  act  of  July  10,  1893.) 

§ 3090.  Form,  denomination  — time  to  run  — by  whom 
issued  — interest  and  coupons. — Said  bonds  shall  be  issued 
under  the  signature  of  the  mayor,  the  countersignature  of  the  city 
treasurer,  and  the  seal  of  the  city,  serially  numbered,  and  in  such 
form  and  denomination,  and  for  such  time  or  times,  as  the  gen- 
eral council  or  common  council  in  said  cities  shall  prescribe  by 


54 


City  Charter. 


§§  3091—3093 


ordinance.  Said  bonds  shall  bear  not  exceeding  six  per  cent,  per 
annum  interest,  payable  semi-annually,  and  shall  have  interest 
coupons  attached,  and  shall  not  be  sold  for  less  than  par  and 
accrued  interest,  and  their  proceeds  shall  be  used  exclusively  for 
the  payment  of  said  floating  debts  or  the  refunding  of  such  bonded 
debt,  and  for  no  other  purpose  whatsoever.  ( This  section  is  an 
act  of  July  10,  1893.) 

§ 3091.  Sinking  fund  provided  eor  redemption. — Upon 
the  issuance  of  said  bonds,  each  of  said  cities  shall  annually  carry 
to  the  sinking  fund  of  the  said  city  an  amount  sufficient  to  pay 
the  annual  interest  on  said  bonds,  and  create  a fund  for  their 
purchase  from  time  to  time ; and  whenever  there  is  a sufficient 
sum  in  the  sinking  fund  over  and  above  the  amount  required  for 
the  payment  of  said  interest,  it  shall  be  used  in  the  purchase  of 
so  many  of  said  bonds  as  practicable.  ( This  section  is  an  act  of 
July  io,  1893.) 

§ 3092.  Authorized  to  acquire  parts  oe  turnpike  roads 
within  corporate  eimits. — That  all  cities  of  the  second  class 
are  hereby  authorized  and  empowered  to  contract  with  any  com- 
pany or  corporation,  owning  or  controlling  any  turnpike  road  in 
this  Commonwealth,  for  the  surrender  and  transfer  by  such  com- 
pany or  corporation  to  such  city  of  so  much  of  such  turnpike  road, 
if  any,  as  lies  within  the  corporate  limits  of  such  city ; and  when- 
ever any  such  city,  and  any  such  company  or  corporation,  shall 
mutually  agree  upon  the  terms  and  conditions  of  such  surrender 
and  transfer,  and  such  agreement  shall  have  been  ratified  by  the 
legislative  board  of  such  city,  and  by  the  board  of  directors  of 
such  turnpike  company,  then  so  much  of  said  road  as  is  included 
in  such  agreement  of  surrender  and  transfer  shall  be  and  become 
a public  street  of  such  city,  and  shall  be  thereafter  held,  owned, 
controlled  and  used  by  such  city  in  like  manner  with  its  other 
streets,  subject  to  the  provisions  of  the  agreement  above  men- 
tioned, if  any.  ( This  section  is  an  act  of  July  8,  1892.) 

§3093.  Condemnation  proceedings  — when  authorized. 
— In  the  event  that  any  such  city  and  turnpike  company  can  not 
mutually  agree  upon  the  terms  of  surrender  of  such  part  of  any 
such  turnpike,  then,  and  in  that  event,  power  and  authority  are 


§§  3°93«.  3094 


City  Charter. 


55 


hereby  conferred  upon  such  city  to  acquire  that  part  of  said  road, 
or  such  portion  of  it  in  such  city  as  may  be  desired  for  street 
purposes,  by  proceedings  in  condemnation  in  like  manner  and 
form  as  such  city  is  now  by  law  authorized  to  acquire  other 
property  for  streets  and  highways.  ( This  section  is  an  act  of 
July  8 , 1892.) 

§ 3093  a.  1.  Authorized  to  acquire  turnpikes  in  city 
limits. — That  all  cities  of  the  second  class  are  hereby  authorized 
and  empowered  to  contract  with  any  person,  company  or  corpo- 
ration owning  or  controlling  any  turnpike  road  in  this  Common- 
wealth, for  the  surrender  and  transfer  to  any  such  city  of  so  much 
of  or  any  part  of  any  turnpike  road  as  may  be  within  the  limits 
of  such  city;  and  when  a contract  for  such  surrender  or  transfer 
is  ratified  by  the  legislative  boards  of  such  city,  then  the  part  of 
such  turnpike  road  embraced  in  such  surrender  or  transfer  shall 
become  and  be  a public  highway  and  street  of  such  city,  and  shall 
thereafter  be  held,  controlled  and  used  as  other  streets. 

2.  Turnpikes  may  be  condemned. — If  any  such  city  and 
the  person,  company  or  corporation  owning  or  controlling  such 
turnpike  road  can  not  agree  upon  the  terms  of  surrender  or  trans- 
fer of  such  part  of  such  turnpike  road,  then  power  and  authority 
are  hereby  conferred  upon  such  city  to  acquire  the  part  of,  or  any 
part  of,  such  turnpike  road  within  the  corporate  limits  of  such 
city  by  proceedings  in  condemnation  in  manner  and  form  as  such 
city  is  now  by  law  authorized  to  acquire  other  property  for  street 
and  highway  purposes.  (This  section  is  an  act  of  March  15, 
1898 ; the  numbers  of  the  subsections  are  the  numbers  of  the 
sections  in  the  act.) 

(b)  Street  Improvements 

§ 3094.  Control  oe  ways,  landings,  wharves  and  public 
grounds  — sprinkling  districts. — The  general  council  shall 


§ 3094. — General  Powers — 

( 1 ) Generally. — The  general  coun- 
cil has  full  control  over  public 
ways — has  power  to  improve  street 
at  cost  of  property  owners,  though 
used  by  turnpike  company  as  toll 


road.  Heulefeld  vs.  Covington,  22 
R.  1188;  has  power  to  improve 
where  street  has  been  acquired  by 
surrender  from  a turnpike  company. 
Cassidy  vs.  Covington,  12  R.  980. 

(2)  A city  has  no  power  either 


56 


City  Charter. 


§3094 


have  and  exercise  exclusive  control  and  power  over  the  streets, 
roadways,  sidewalks,  alleys,  landings,  wharves,  public  grounds 
and  highways  of  the  city ; to  establish,  open,  alter,  widen,  extend, 


to  condemn  or  close  up  a street  or 
alley  unless  authorized  by  the  Leg- 
islature to  do  so.  Martin  vs.  City 
of  Louisville,  16  R.  786.  See  also 
Rohmeiser  vs.  Brannon,  15  R.  114; 
Gargan  vs.  Louisville,  etc.,  89  Ky. 
212;  11  R.  489;  City  of  Louisville 
vs.  Brannon,  99  Ky.  74,  18  R.  10. 

(3)  Although  the  power  to  im- 
prove and  repair  streets  is  in  its 
nature  legislative,  yet  it  is  conferred 
on  the  municipal  authorities  for  the 
benefit  of  the  public,  and  whenever 
the  necessity  for  its  exercise  is  so 
apparent  and  obvious  as  to  justify 
the  inference,  that  the  refusal  of  the 
legislative  body  to  act  is  the  result 
of  a determination  not  to  discharge 
a plain  duty,  rather  than  of  mis- 
taken judgment  as  to  the  existence 
of  the  necessity,  then  the  exercise  of 
the  power  may  be  coerced  through 
appropriate  proceedings  in  the 
courts.  Trustees  of  Catlettsburg  vs. 
Kenner,  13  Bush  334. 

(4)  Courts  will  not  interfere  with 
the  discretion  of  trustees  of  towns 
as  to  the  necessity  of  public  im- 
provements or  as  to  their  character. 
Trustees,  etc.,  vs.  McNabb,  23  R. 
81 1 ; Duker  vs.  Barber  Asphalt 
Paving  Co.,  25  R.  135. 

(5)  Sprinkling  of  city  streets  be- 
ing necessary  to  preserve  the  public 
health  and  comfort  is  a public  pur- 
pose; and  hence  an  ordinance  levy- 
ing a tax  for  street  sprinkling  pur- 
poses not  unconstitutional.  May- 
dwell  vs.  City  of  Louisville,  25  R. 
655. 


(6)  Wharves. — Right  of  towns 
on  navigable  rivers  to  build  wharves 
and  charge  wharfage.  Newport  vs. 
Taylor,  16  B.  M.  804. 

(7)  Power  to  acquire  property 
for  wharf  purposes  must  be  ex- 
pressly conferred — power  and  duty 
to  maintain  can  not  be  delegated  to 
another.  Bateman  vs.  Covington,  90 
Ky-  390 ; Roberts  vs.  City  of  Louis- 
ville, 92  Ky.  95,  13  R.  406;  City  vs. 
Shinkle,  1 Bush,  617 ; but  see  Car- 
rollton F.  M.  Co.  vs.  Carrollton,  20 
R.  818;  104  Ky.  525. 

(8)  Basements. — The  Legislature 
may  authorize  the  construction  of  a 
railway  upon  a public  street  of  a 
city,  and  its  operation  by  steam  or 
electricity. 

The  council  of  a city,  when  au- 
thorized by  the  Legislature,  may 
grant  a right  to  construct  and  oper- 
ate an  electric  railway  upon  the  pub- 
lic streets. 

The  construction  and  operation  of 
an  electric  railway  operated  by  the 
trolley  system  in  a public  street  of 
a city  is  not  so  dangerous  and  does 
not  impose  such  additional  burden 
upon  the  land  abutting  thereon  as 
to  entitle  the  owner  thereof  to  pre- 
vious compensation  for  the  right  of 
way  before  such  construction. 
Louisville  Bagging  Mfg.  Co.  vs. 
Central  Pass  Ry.  Co.,  15  R.  417;  95 
Ky.  50;  and  see  C.  & O.  Ry.  Co.  vs. 
Applegate ; 8 Dana,  289. 

(9)  City  may  exact  a bonus  for 
the  privilege  of  using  its  streets. 


§3°94 


City  Charter. 


57 


grade,  pave,  repave,  block,  construct,  reconstruct,  sweep,  sprinkle 
or  otherwise  improve,  clean  and  keep  in  repair  the  same ; to 
prevent  arid  remove  all  encroachments  thereon  or  obstructions 


Cov.  St.  Ry.  vs.  Covington,  9 Bush 
127.  See  § 3068  and  notes. 

(10)  Rights  of  Abutters. — When 
land  is  laid  off  into  streets  and 
alleys,  and  lots  are  sold,  each  lot- 
owner  has  the  right  not  only  to 
use  the  streets  as  ways  of  ingress 
and  egress,  but  also  to  have  them 
thrown  open  to  be  used  by  the  pub- 
lic in  any  manner  consistent  with 
the  use  for  which  they  are  estab- 
lished. Elizabethtown  & Paducah 
R.  R.  Co.  vs.  Thompson,  79  Ky.  52 ; 
1 R.  395- 

(11)  The  right  acquired  by  a 
purchaser  of  a lot  in  an  established 
town  is  not  confined  to  the  mere 
use  of  the  ground  purchased,  but 
extends  to  the  use  of  all  the  streets, 
alleys,  public  ground  and  other  pub- 
lic rights  in  the  town,  according  to 
their  appropriate  purposes.  Rowan’s 
Executors  vs.  Town  of  Portland,  8 
Ben  Monroe  237;  and  see  Transyl- 
vania University  vs.  Lexington,  3 
B.  M.  25. 

Acquisition. 

(12)  Generally. — County  road  ta- 
ken into  city  by  annexation  became 
city  street  without  formal  action  on 
part  of  city.  City  of  Louisville  vs. 
Brewers’  Adm’r,  24  R.  1671 ; see 
also  R.  B.  Parks  & Co.  vs.  Orth, 
24  R.  2209;  Board,  etc.,  vs.  Boyle 
Co.,  21  R.  196,  106  Ky.  608. 

(13)  Unless  adverse  possession 
of  a street  had  ripened  into  a title 
before  the  passage  of  the  act  of  De- 
cember, 1873,  providing  that  limita- 


tion “shall  not  begin  to  run  in  re- 
spect to  actions  by  any  town  or  city 
for  the  recovery  of  any  street  or 
alley,  or  other  public  easement,  or 
any  part  of  either,  until  the  trus- 
tees of  the  council  or  the  corpora- 
tion have  been  notified  in  writing 
by  the  party  in  possession  or  about 
to  take  possession  to  the  effect  that 
such  possession  will  be  adverse,” 
etc. ; the  adverse  holder  does  not  ac- 
quire title  without  such  notice.  Bos- 
worth  vs.  City  of  Mt.  Sterling,  12 
R.  157;  see  Cornwall  vs.  L.  & N. 
R.  R.  Co.,  87  Ky.  72 ; 9 R.  924. 

(14)  Street  can  be  recovered  only 
by  ejectment  from  one  in  possession 
of  it  claiming  it  as  his  own.  City 
of  Covington  vs.  C.  & O.  Ry.  Co., 
14  R.  487;  Trustees  of  Augusta  vs. 
Perkins,  42  Ky.  437 ; Cosby  vs.  O.  & 
R.  Ry.  Co.,  10  Bush  288.  But  an 
equitable  action  is  the  proper  mode 
of  establishing  a right  to  a street 
in  a town.  Trustees  of  Lebanon  vs. 
Forrest,  15  B.  M.  168,  and  see  West 
Covington  vs.  Freking,  8 Bush  121. 

(15)  Dedication. — When  dedica- 
tion presumed,  Newport  vs.  Taylor, 
16  B.  M.  808;  Wickliff  vs.  Lexing- 
ton, 16  B.  M.  155;  Kaye  vs.  Hall, 
13  B.  M.  455. 

(16)  There  can  be  no  dedication 
to  public  use  unless  the  owner  of 
land  has  by  either  .words  or  acts 
consented  to  such  use.  The  Town 
of  West  Covington  vs.  Ludlow,  12 
R.  783.  Sanford  vs.  City  of  Cov- 
ington, 12  R.  450. 


5« 


City  Charter. 


§3094 


thereof ; to  put  drains  and  sewers  in  the  same,  and  to  regulate 
and  prohibit  the  building  of  vaults  and  areas  under  sidewalks ; 
to  enforce  and  regulate  connections  with  sewers,  gas  and  water 


(17)  When  a lot-owner  erects  a 
fence  along  his  land  so  as  to  ex- 
clude a strip  claimed  by  the  city  as 
a street,  and  maintains  his  fence  so 
erected  for  more  than  fifteen  years, 
the  public  using  said  strip  as  a 
street,  the  act  of  the  property  owner 
amounts  to  a dedication  of  the  strip 
as  a street.  The  Eastern  Cemetery 
Co.  vs.  City  of  Louisville,  13  R.  279. 

(18)  Laying  out  and  selling  lots 
calling  for  a certain  way  as  a street 
is  a valid  parol  dedication.  James 
vs.  City  of  Louisville,  19  R.  447. 
But  if  a blind  alley  is  laid  out  and 
lots  are  sold  upon  it,  it  is  not  there- 
by dedicated  to  the  public,  but  is 
simply  set  aside  for  the  use  of  the 
property  bordering  upon  it.  Bal- 
lard, Trustee  vs.  Gleason,  1 R.  60. 

(19)  In  suit  for  partition  in  1868, 
land  was  divided  in  lots,  streets  and 
alleys,  as  directed  by  the  testator’s 
will,  deeds  were  executed  to  de- 
visees with  reference  to  the  plat,  and 
lots  sold  by  devisees  with  reference 
thereto — held  there  was  a dedica- 
tion of  B Street,  though  land  was 
not  then  in  city  limits,  and  though 
the  plat  was  not  recorded,  as  the 
law  did  not  then  require  that  to  be 
done.  S.  C.  & C.  St.  Ry.  Co.  vs. 
Newport  L.  & A.  Turnpike  Co.,  no 
Ky.  691,  23  R.  68. 

(20)  Question  of  dedication  is 
one  of  intention  to  be  determined 
from  all  the  circumstances,  and  a 
mere  reference  to  a street  in  de- 
scribing land  conveyed  is  not  suffi- 
cient to  establish  a dedication  by 


implication.  City  of  Owensboro  vs. 
Muster,  in  Ky.  856,  23  R.  1164. 

(21)  As  to  dedication  and  accept- 
ance of  streets  see  E.  & P.  R.  R.  Co. 
vs.  Thompson,  1 R.  332 ; Davis  vs. 
City  of  Louisville,  4 R.  721  ; Trus- 
tees of  Lagrange,  4 R.  256;  Town  of 
Versailles  vs.  V.  and  Mt.  V.  T.  P. 
R.,  8 R.  704;  Caperton  vs.  Hum- 
peck,  95  Ky.  105;  15  R.  430;  Bogard 
vs.  O’Brien,  14  R.  648;  Town  of 
West  Covington  vs.  Ludlow,  12  R. 
783;  Moss  vs.  Town  of  Somerset, 
n R.  139;  Hood  vs.  Trustees  of 
Town  of  Lebanon,  12  R.  813;  Mc- 
Donald vs.  City  of  Covington,  94 
Ky.  1;  14  R.  817;  Ky.  Refining  Co. 
vs.  Selvage,  19  R.  1071 ; Bright  vs. 
Palmer,  20  R.  771 ; Exterkamp  vs. 
Covington  Harbor  Co.,  20  R.  9 66; 
Town  of  Prestonburg  vs.  Floyd  Co., 
23  R.  1157. 

(22)  Condemnation. — Power  to 

open  streets  and  alleys  in  towns  can 
not  be  exercised  without  just  com- 
pensation to  the  owners  of  the  prop- 
erty. Cheany  vs.  Hooser,  9 B.  M. 
330. 

(23)  When  private  property  is 
condemned  by  a city  for  a street, 
the  property  of  the  owner  fronting 
on  the  street  thus  opened  may  be  re- 
quired to  pay  its  due  proportion  of 
the  cost  of  opening  and  improving 
the  street  according  to  the  number 
of  feet  fronting  on  the  street,  even 
though  the  tax  thus  imposed  exceed 
the  amount  of  money  received  for 
the  land  condemned,  but  die  city 
must  pay  the  owner  the  money  value 


3094 


City  Charter. 


59 


mains  and  conduits  of  all  kinds  laid  in  or  under  the  streets  and 
highways  of  the  city  for  any  purpose.  The  general  council  may, 
by  ordinance,  prescribe  certain  sprinkling  districts,  and  have  the 


before  it  enters.  It  can  not  use  as 
a set-off  the  tax  assessed  against 
the  remaining  property  of  the 
owner,  although  that  tax  may  ex- 
ceed in  amount  the  value  of  the 
property  taken.  Nor  can  the  city 
deduct  from  the  value  anything  by 
reason  of  the  benefit  or  advantages 
to  accrue  to  the  owner.  City  of  Cov- 
ington vs.  Worthington,  88  Ky.  206 ; 
11  R.  141. 

Liabilities. 

(24)  Injury  by  Grading  and  Im- 
proving.— Though  there  may  be  ex- 
treme cases  where  the  deprivations 
of  the  use  of  property  not  touched 
may  entitle  the  owner  to  compensa- 
tion, as  a general  rule  the  law  gives 
no  damages  where  there  has  been 
neither  trespass  nor  nuisance.  Keasy 
vs.  City  of  Louisville,  4 Dana  154. 
Cases  in  which  it  was  held  that  ac- 
tion would  not  lie.  Keasy  vs.  Louis- 
ville, 4 Dana  154;  Wolfe  vs.  C.  & 
L.  R.  R.,  15  B.  M.  404;  L.  & F. 
R.  R.  vs.  Brown,  17  B.  M.  763;  N. 
& C.  Bridge  Co.  vs.  Foote,  9 Bush 
264.  Contra.  Louisville  vs.  L.  Roll- 
ing Mill,  3 Bush  416;  and  compare 
Town  of  West  Covington  vs. 
Schultz,  16  R.  831. 

But  see  Const.  § 242,  under  which 
it  is  held  that  the  owner  of  prop- 
erty abutting  upon  a street  may  re- 
cover damages  of  the  city  for  in- 
jury sustained  by  the  excavation  of 
a street  or  for  any  improvement  that 
injures  or  destroys  or  takes  his 
property.  Henderson  vs.  McClain, 


19  R.  1450 ; City  vs.  Detweller,  20  R. 
894;  Louisville  vs.  Seibert,  21  R. 
328 ; City  of  Ludlow  vs.  Mackin- 
tosh, 21  R.  924;  City  vs.  Jepheson, 
21  R.  1028;  Barfield  vs.  Gleason,  23 
R.  128;  24  R.  1260-1495  . — Meas- 
ure of  damages.  City  of  Louisville 
vs.  Hegan,  20  R.  1532;  City  of  Hen- 
derson vs.  Winstead,  22  R.  828; 
Louisville  vs.  Harbin,  22  R.  1865 ; 
City  of  Covington  vs.  Taffee,  24  R. 
373-  Question  of  damages  is  for 
the  jury.  Frankfort  vs.  Howard,  25 
R.  hi. 

(25)  Repairs. — City  authorities  act 
ministerially  in  keeping  streets  in 
repair.  Hammer  vs.  Covington,  3 
Met.  494 — Mandamus  will  lie  to 
compel  repairs.  City  of  Covington 
vs.  Bishop,  10  R.  939. 

(26)  A city  is  not  bound  to  keep 
all  of  its  streets  in  good  repair  un- 
der all  circumstances,  but  only  such 
streets  and  parts  of  streets  as  are 
necessary  for  the  convenience  of  the 
traveling  public,  and  as  streets  are 
required  for  use,  they  must  be 
placed  in  a reasonably  safe  condi- 
tion. 

The  city  must  be  permitted  to  ex- 
ercise its  discretion  as  to  whether 
the  public  interests  require  the  im- 
provement of  the  streets  in  the  un- 
inhabited or  sparsely  settled  por- 
tions of  it,  and  its  decision  is  final. 

A city  is  not  liable  for  injuries 
to  horses  and  carriage  resulting 
from  a failure  to  improve  a street, 
which  was  not  needed  for  the  use 
or  convenience  of  the  public.  City 


6o 


City  Charter. 


§3095 


streets  and  avenues  thereof  sprinkled  by  the  lowest  and  best 
bidder,  assessing  the  cost  thereof  against  the  adjoining  property 
per  front  foot. 

§ 3°95-  Condemnation  oe  eand  for  public  purposes.— 
All  proceedings  for  condemnation  of  land  for  public,  municipal 
or  school  purposes  shall  be  prescribed  by  ordinance  or  order  of 
the  school  board,  and  instituted  in  the  circuit  court,  in  the  name 
of  the  city  by  the  city  solicitor,  and  except  as  herein  expressly 
provided,  shall  be  governed  by  the  same  jurisdiction,  rules  of 
practice  and  form  of  procedure  as  may  be  required  by  general 
law  for  condemnation  of  lands. 


of  Henderson  vs.  Sandefur  & Co., 
11  Bush  550. 

(27)  No  recovery  can  be  had 
against  a city  for  a failure  of  tht 
city  to  protect  a street  from  washing 
by  the  river,  where  the  proof  shows 
that  the  city  had  never  assumed 
control  of  the  street  or  regarded  it 
in  any  way  as  coming  under  the 
control  of  the  City  Council.  City  of 
Maysville  vs.  Stanton,  12  R.  586. 

(28)  As  the  city  has  control  of  a 
sidewalk  built  by  a lot  owner,  it  is 
not  liable  to  him  for  taking  up  and 
carrying  away  the  material  thereof, 
a better  walk  being  substituted.  Sny- 
der vs.  City  of  Lexington,  20  R.  1562. 

(29)  Defects  and  Obstructions. — 
It  is  the  duty  of  a city  by  the  exer- 
cise of  all  the  ordinary  means  in 
its  power  to  keep  its  sidewalks  free 
from  obstructions  and  in  a conve- 
nient and  safe  condition  for  public 
use.  And  it  is  a question  for  the 
jury  in  each  case,  whether  a partic- 
ular thing  should  be  regarded  under 
all  the  circumstances  as  a nuisance 
or  obstruction.  City  of  Newport  vs. 
Miller,  93  Ky.  22;  13  R.  889;  12  R. 
422;  Fugate  vs.  City  of  Somerset, 
16  R.  807. 


For  particular  cases,  see  C.ity  of 
Madisonville  vs.  Pemberton’s  Ad- 
ministrator, 25  R.  347 ; City  of 
Louisville  vs.  Michels,  25  R.  1375; 
Town  of  Bromley  vs.  Bodkin,  25  R. 
1245;  City  of  Louisville  vs.  Bailey, 
25  R.  6;  City  of  Lancaster  vs.  Wal- 
ter, 25  R.  2189;  Bell  vs.  City  of 
Henderson,  24  R.  2434;  Canfield  vs. 
City  of  Newport,  24  R.  2213;  City 
of  Louisville  vs.  Kehler,  24  R.  2003 ; 
City  of  Louisville  vs.  Johnson,  24 
R.  685 ; City  of  Covington  vs.  John- 
son, 24  R.  602 ; Covington  vs. 
Huber,  23  R.  2107;  City  of  Mays- 
ville vs.  Guilfoyle,  23  R.  43,  no  Ky. 
670;  City  of  Covington  vs.  Diehl,  22 
R.  955. — Construction  of  step  in 
sidewalk,  made  necessary  from  na- 
ture of  grade  and  not  manifestly 
unsafe,  city  not  liable.  Teager  vs. 
Flemingsburg,  22  R.  1442,  109  Ky. 
746. — Independent  contractor  caus- 
ing defect  or  obstruction  does  not 
necessarily  relieve  city  from  liabil- 
ity. City  of  Glasgow  vs.  Gillen- 
waters,  23  R.  2375,  113  Ky.  140; 
City  of  Louisville  vs.  Shanahan,  22 
R.  163. 

§ 3°95-  See  notes  22  and  23  to 
§ 3094- 


§3096 


City  Charter. 


61 


§ 3096.  Construction  and  reconstruction  — cost  appor- 
tioned— lien  — sidewalks. — The  general  council  may,  by  ordi- 
nance, provide  for  the  construction  or  reconstruction  of  the  streets, 


alleys  and  other  public  ways  and  sidewalks,  or  parts  thereof,  of^ 


the  city  upon  the  petition  of  the  owners  of  a majority  of  thev 
front  or  abutting  feet  of  the  real  estate  abutting  on  such  pro-XN  ^ 


§3096.  (1)  When  the  charter  of 

a city  requires  that  all  contracts  for 
street  improvements  shall  be  re- 
ferred to  a committee  of  the  city 
council,  it  was  held  that  a lot  owner 
can  not  be  compelled  to  pay  the  cost 
of  improvement  when  the  contract 
was  not  so  referred.  Worthington 
vs.  City  of  Covington,  82  Ky.  265  ; 
6 R.  237 ; City  of  Covington  vs. 
Richardson,  8 R.  60. 

(2)  If  contract  for  street  im- 
provement is  made  otherwise  than 
as  required  by  the  ordinance,  it  is 
not  binding,  and  if  not  obligatory 
as  a contract,  the  law  creates  no 
promise  to  pay. 

A party  dealing  in  a matter  ex- 
pressly provided  for  by  the  charter 
is  bound  to  see  to  it  that  the  charter 
is  complied  with.  If  he  choose  to 
take  the  hazard  or  neglect  this,  he 
is  a mere  volunteer,  and  must  suffer. 

Every  party  contracting  with  a 
corporation  must  take  notice  of  any 
want  of  authority  which  the  public 
records  would  show.  Murphy  vs. 
City  of  Louisville,  9 Bush  189.  Cray- 
craft  vs.  Selvage,  10  Bush  696. 

(3)  There  is  no  common  law  lia- 
bility upon  the  part  of  a lot  owner 
to  pay  for  the  improvement  of  the 
adjacent  street.  It  is  the  creature 
of  the  statute,  and  the  law  is  to  be 
construed  most  strictly  against  those 
asserting  the  claim.  When  a city 
council  accepts  an  improvement, 


such  action,  in  the  absence  of  fraud 
or  collusion,  is  conclusive  of  the 
question  whether  the  manner  of  its 
construction  conforms  to  the  con- 
tract. Whitefield  vs.  Hepple,  n R. 
386. 

(4)  Where  the  city  charter  con- 
fers upon  the  corporation  the  power 
to  have  the  streets  improved  at  the 
expense  of  adjacent  property  own- 
ers, the  power  is  purely  statutory, 
and  every  formula  prescribed  by  the 
statute  must  be  observed  before  any 
liability  or  lien  attaches  to  the  ad- 
jacent owner.  Harris  vs.  Zable,  4 
R.  1000;  5 R.  1 14;  McGrath  vs. 
Trustees  of  Shelbyville,  13  R.  588. 

(5)  When  the  owners  of  more 
than  two-thirds  of  the  property 
abutting  upon  the  street  to  be  im- 
proved petition  the  general  council 
of  a city  of  the  second  class  to  im- 
prove the  street  by  paving  with 
brick  the  council  was  authorized  to 
provide  for  the  improvement  at  the 
exclusive  cost  of  the  abutting  prop- 
erty holders;  but  the  indebtedness 
of  the  city  being  above  the  constitu- 
tional limit,  it  was  beyond  the  power 
of  council  to  pledge  the  faith  and 
credit  of  the  city  by  issuing  bonds 
for  the  payment  of  the  indebtedness. 
However,  the  property  owner  is  not 
entitled  to  any  relief  against  pro- 
ceedings by  the  city  for  the  enforce- 
ment of  the  payment  of  his  propor- 
tion of  the  expense  of  the  improve- 


3 r (£cJ>  CXI 
'vie  Kj  y. 2 L 


62 


City  Charter. 


§3096 


posed  improvement,  or  without  a petition  by  a vote  of  two-thirds 
of  the  members-elect  of  each  board  of  the  general  council.  But 
when  such  original  construction  is  to  be  made  with  brick,  granite, 
asphalt,  concrete  or  other  improved  material  or  paving,  it  shall 
be  made  only  upon  the  petition  of  the  owner  or  owners  of  at  least 
two-thirds  of  the  front  or  abutting  feet  of  real  estate  abutting 


ment.  City  of  Covington  vs.  Na- 
daud,  20  R.  1 51. 

(6)  The  city  council,  in  ordering 
the  construction  of  a street,  must 
itself  fix  the  grade  of  the  street  and 
not  leave  the  matter  to  the  judg- 
ment of  the  city  engineer  or  the 
contractor,  and  a petition  to  enforce 
a lien  for  the  cost  of  such  an  im- 
provement must  show  that  the  grade 
was  fixed  by  council.  Zable  vs. 
Louisville  Baptist  Orphan  Home,  92 
Ky.  89;  13  R.  385;  City  of  Hender- 
son vs.  Brown  7 R.  609. 

(7)  Sections  171  and  174  of  the 
Constitution,  which  require  uni- 
formity of  taxation  according  to 
value,  do  not  forbid  local  assess- 
ments to  pay  for  the  improvement 
of  streets  or  the  construction  of 
sewers.  Holtzhauer  vs.  City  of 
Newport,  94  Ky.  396;  15  R.  188. 

(8)  An  ordinance  providing  for 
the  original  construction  of  a brick 
sidewalk  at  the  cost  of  abutting 
owners,  enacted  without  the  re- 
quired petition,  was  void,  and  no 
contract  created  thereunder  was  en- 
forceable. City  of  Covington  vs. 
Brinckman,  25  R.  1949. 

(9)  City  without  good  cause  re- 
leased accepted  bidder — upon  second 
advertisement — the  lowest  bid,  and 
the  one  accepted,  was  considerably 
higher  than  the  bid  released.  Held, 
the  property  owners  were  entitled  to 
judgments  over  against  the  city  for 


the  difference.  Barfield  vs.  Gleason, 
23  R.  128.  Judgment  modified  on 
rehearing.  23  R.  1102. — To  same 
effect.  City  of  Louisville  vs.  Ky.  & 
I.  Bridge  Co.  24  R.  1087. 

(10)  Necessity  for  and  sufficiency 
of  description  of  improvement  in  or" 
dinances  and  specifications.  Hack- 
worth  vs.  Louisville  Artificial  Stone 
Co.  20  R.  1789;  Dumesnil  vs.  Hex- 
agon Tile-Walk  Co.  23  R.  144;  City 
of  Augusta  vs.  McKibben,  22  R. 
1224;  Richardson  vs.  Mehler,  23  R. 
408;  Horne  vs.  Mehler,  23  R.  1176; 
Burghard  vs.  Fitsh,  24  R.  1983;  Bar- 
ber Asphalt  Paving  Co.  vs.  Gaar,  24 
R.  2227. 

( 1 1 ) Property  Subject  to  Assess- 
ment— Pleading. — A provision  in  the 
charter  of  an  orphan  asylum  ex- 
empting its  property  “from  assess- 
ment and  tax’ation  under  the  rev- 
enue laws  of  the  commonwealth,  or 
under  any  ordinanace,  resolution  or 
other  act  of  the  city  of  Louisville,” 
does  not  give  exemption  from  local 
assessments  to  pay  the  cost  of  street 
improvements.  Kelgus  vs.  Trustees 
of  Orphanage  of  Good  Shepherd,  94 
Ky-  439;  J5  R-  318;  Zable  vs.  Louis- 
ville Orphan’s  Baptist  Home,  92  Ky. 
89;  13  R.  385. 

(12)  Property  of  school  board, 
held  by  it  for  the  use  of  the  State  to 
carry  on  the  system  of  common 
schools  established  under  the  Con- 
stitution, is  not  subject  to  execution 


3096 


City  Charter. 


63 


on  such  improvement.  Such  original  construction  of  public  ways 
shall  be  made  at  the  exclusive  cost  of  the  owners  of  the  real  estate 
abutting  on  such  improvement ; and  such  reconstruction  of  such 
ways  shall  be  made  one-half  at  the  cost  of  the  owners  of  the  real 
estate  abutting  on  such  improvement,  and  the  other  half  at  the 
cost  of  the  city.  Such  cost  of  construction  and  reconstruction 
which  is  to  be  paid  by  the  property  owners  shall  be  apportioned 


or  levy,  or  to  decretal  sale  to  satisfy 
a lien  for  street  improvement. 

The  city  having  the  authority  to 
contract  for  the  work,  but  no  au- 
thority to  make  it  a charge  upon 
the  abutting  property,  is  liable  to  the 
contractor  for  the  cost  of  the  work. 
City  of  Louisville  vs.  Leatherman, 
99  Ky.  213 ; 18  R.  124. 

(13)  Homestead  is  liable  for 
street  improvement.  Nevin  vs.  Al- 
len, 15  R.  836. 

(14)  The  property  owner  is  un- 
der no  obligation  to  pay  anything 
until  the  cost  of  the  improvement 
has  been  apportioned  as  provided  by 
law,  and  the  city  is  entitled  to  in- 
terest only  from  that  date.  Boone, 
Trustee,  etc.,  vs.  Gleason,  5 R.  169; 
Johnson  vs.  Ferrell,  8 R.  216. 

(15)  Courts  have  no  right  to  cor- 
rect assessments.  Worthington  vs. 
City  of  Covington,  3 R.  392. 

(16)  The  work  having  been  com- 
pleted, and  the  contract  complied 
with,  the  lot  owners  can  not  be  re- 
lieved from  payment  by  reason  of 
an  error  of  the  council  in  the  ap- 
portionment of  the  burden.  There 
may  be  reapportionment  upon 
proper  basis.  Cooper  vs.  Nevin,  90 
Ky.  85 ; 11  R.  875. 

(17)  The  payment  and  acceptance 
of  an  assessment  is  not  an  accord 
and  satisfaction,  and  a mistake  may 
be  corrected  even  if  it  imposes  an 


additional  burden.  Stengel  vs.  Pres- 
ton, 89  Ky.  616;  11  R.  976. 

(18)  In  assessing  property  for 
street  improvements,  the  municipal- 
ity having  decided  that  the  assessed 
area  or  tax  district  as  an  entirety 
will  be  benefited  by  the  proposed  im- 
provement, a lot  owner  may  be  com- 
pelled to  pay  his  proportion  of  the 
cost,  although  in  his  particular  case 
no  benefit  be  derived,  unless  the  ab- 
sence of  benefit  and  of  public  need 
of  improvement  make  it  manifest 
that  the  burden  amounts  to  spolia- 
tion. Preston  vs.  Rudd,  84  Ky.  150; 
7 R.  806. 

(19)  In  an  action  to  subject  prop- 
erty to  the  payment  of  claim  for 
street  improvement,  the  petition 
must  allege  the  publication  of  the 
ordinance  providing  for  the  im- 
provement, and  an  offer  to  prove 
the  fact  without  such  an  averment 
will  not  avail.  Preston,  etc.,  vs. 
Stengel,  6 R.  451. 

(20)  While,  in  order  to  enforce  a 
lien  for  street  improvements,  it  is 
necessary  to  allege  and  prove  every 
step  necessary  to  create  the  lien,  the 
allegation  that  an  ordinance  was 
passed  is  not  a mere  legal  conclu- 
sion, but  the  averment  of  a fact,  and 
is  sufficient.  Johnson  vs.  Ferrell,  8 
R.  216. 

(21)  It  must  appear  affirmatively 
that  every  step  necessary  to  create 


64 


City  Charter. 


§3096 


among  and  assessed  upon  the  lots  or  parcels  of  real  estate  abut- 
ting on  such  improvement  according  to  the  number  of  front  or 
abutting  feet.  There  shall  be  a lien  upon  such  lots  or  parcels 
of  real  estate  for  the  part  of  the  cost  of  such  improvement  so 
assessed  thereon,  and  the  same  shall  bear  interest  from  the  time 
of  the  assessment.  All  such  liens  may  be  enforced  by  action. 
The  city  shall  pay  the  cost  of  the  improvement  of  intersections 
of  public  ways.  The  cost  of  making  sidewalks,  including  curb- 


the  lien  has  been  taken.  Weingart- 
ner  vs.  Spinks,  5 R.  250. 

(22)  Under  the  charter  of  the 
city  of  Louisville  the  proper  aver- 
ments in  a petition  of  all  the  steps 
leading  to  the  creation  of  a lien  for 
the  cost  of  street  improvement,  sup- 
ported by  copies  of  the  record  of  the 
proceedings  of  the  general  ’ council, 
create  in  the  face  of  a mere  denial  a 
prima  facie  case,  and,  therefore,  not- 
withstanding an  answer  denying  the 
allegations  of  a petition,  the  plaintiff 
is  in  the  absence  of  testimony  en- 
titled to  judgment.  Zable  vs.  Louis- 
ville Baptist  Orphan  Home,  92  Ky. 

89;  13  R-  385- 

(23)  Owner  of  corner  lots  must 
make  improvement  on  both  streets, 
although  he  has  no  outlet  to  one. 
Elder  vs.  Cassily,  21  R.  1274. 

(24)  Assessment  paid  under  mis- 
take of  law  can  not  be  recovered  of 
the  city.  Brands  vs.  City  of  Louis- 
ville, 23  R.  442 ; McCan  vs.  City  of 
Louisville,  23  R.  558. 

(25)  A lien  given  by  a city  char- 
ter for  local  assessment  for  street 
improvements  is  prior  and  para- 
mount to  a lien  created  by  mort- 
gage, when  the  mortgage  lien  was 
created  after  the  adoption  of  the 
charter,  but  before  the  passage  of 
the  ordinance  requiring  the  im- 


provement to  be  made.  Dressman 
vs.  Farmers’  and  Traders’  National 
Bank,  100  Ky.  571. 

(26)  A lot  may  be  assessed  to  the 
full  extent  that  it  borders  on  the 
improved  street  without  reference 
to  frontage  on  another  street.  Meyer 
vs.  City  of  Covington,  103  Ky.  546; 
20  R.  239. 

(27)  Agricultural  land  within  city 
liable  for  street  assessments.  Bar- 
ber A.  P.  Co.  vs.  Gaar,  24  R.  2227; 
Duker  vs.  Barber  A.  P.  Co.,  25  R. 
135. — Railroad  right  of  way  is  lia- 
ble. Figg  vs.  L.  & N.  R.  R.  Co., 
25  R.  350;  L.  N.  R.  R.  Co.  vs.  Bar- 
ber A.  P.  Co.,  25  R.  1024;  Orth 
vs.  B.  B.  Park  & Co.,  25  R.  1910. — 
Public  school  property  not  liable. 
City  of  Louisville  vs.  Leatherman, 
99  Ky.  213;  18  R.  124;  City  of 
Louisville  vs.  McNorton,  19  R.  1695. 

(28)  Personal  judgment  can  not 
be  rendered  against  a property 
owner  for  the  amount  assessed 
against  his  abutting  property.  Meyer 
vs.  City,  103  Ky.  546;  20  R.  239; 
Woodward  vs.  Coollett,  20  R.  1066; 
Barker  vs.  So.  Construction  Co.,  20 
R.  796. 

(29)  A requirement  of  a con- 
tractor to  deposit  bonds  amounting 
to  ten  per  cent,  of  the  original  con- 
tract price  of  the  work  to  secure 


§§  3097—3099 


City  Charter. 


6S 


ing,  whether  by  original  construction  or  reconstruction,  shall  be 
apportioned  to  the  front  foot,  as  owned  by  the  parties  respectively 
fronting  said  improvement,  and  paid  by  them.  Such  cost  shall  be 
assessed  as  the  cost  of  the  construction  of  streets,  and  there  shall 
be  a like  lien  for  such  assessment  enforceable  in  like  manner. 

§ 3097.  Bonds  issued  to  pay  eor  costs  of  improvements. 
— The  general  council  may  isue  bonds  to  bear  not  exceeding  six 
per  centum  per  annum  interest  to  provide  funds  to  pay  for  the 
part  of  the  cost  of  any  improvement  that  is  under  this  act  to  be 
paid  by  the  city. 

§3098.  Property  owners  — when  permitted  to  make 
improvements. — The  general  council  may,  in  its  discretion,  upon 
a petition  of  a majority  of  the  property  owners  on  the  part  of  the 
public  way  proposed  to  be  improved,  grant  them  permission  to 
improve  said  public  way  under  the  supervision  of,  and  within 
such  time  as  may  be  fixed  by,  the  superintendent  of  public  works. 

§3099.  Inspection  and  receipt  of  work  — notice  of 


repairs  necessary  for  five  years, 
where  it  is  also  provided  that  the 
guaranty  includes  only  repairs  made 
necessary  by  defective  work  or  ma- 
terials, does  not  burden  the  property 
owner  with  an  expense  which 
should  be  borne  by  the  city.  City 
of  Louisville  vs.  Mehler,  108  Ky. 
436 ; 22  R.  62. — A guarantee  to  keep 
in  repair  generally  for  five  years 
does  add  the  cost  of  repairs  for 
which  the  city  itself  is  liable,  and 
not  the  property  owner.  Fehler  vs. 
Gosnell,  18  R.  238;  99  Ky.  380. 

(30)  Limitation. — Kentucky  Stat- 
utes, §2515,  bars  in  five  years  a lia- 
bility to  pay  for  street  improvement. 
City  of  Lexington  vs.  Crosthwaite, 
25  R.  1898.  But  where  city  liable  on 
written  contract,  fifteen  year  stat- 
ute governs.  Louisville  vs.  Mc- 
Naughton,  24  R.  1153. — Action  seek- 
ing new  apportionment  of  cost 
barred  in  five  years  from  time  of 


first  apportionment.  Gleason’s  Admr. 
vs.  P.  & B.  Stone  Co.,  23  R.  1740. 

(31)  What  Constitutes  Construc- 
tion and  Reconstruction. — The  mere 
grading  of  a dirt  road  so  as  to  form 
a crown  and  leave  depressions  on 
the  sides  for  surface  draining,  and 
the  leveling  of  inequalities,  does  not 
constitute  a street  construction. 
Barfield  vs.  Gleason,  23  R.  128; 
j udgment  modified,  Barfield  vs.  City 
of  Louisville,  23  R.  1102. 

(32)  Street  improvement  made  by 
paving  with  brick  in  place  of  a mac- 
adamized street  laid  thirty  years 
previously  was  an  original  construc- 
tion. City  of  Catlettsburg  vs.  Self, 
25  R.  161.  To  same  effect.  Adams 
vs.  City  of  Ashland,  26  Ky.  184; 
and  see  also  Wyman  vs.  Barbour 
Asphalt  Paving  Co.,  25  R.  1135. 

(33)  Reconstruction — meaning  of. 
Levy  vs.  Coyne,  22  R.  493. 

§3099-  (1)  When  the  provisions 


( 5 N ) 


66 


City  Charter. 


§ 3I0° 


time  and  peace. — When  any  such  improvements  have  been 
made,  and  the  contract  therefor  completed,  the  superintendent  of 
public  works  shall,  by  one  insertion  in  the  official  newspaper,  give 
notice  of  the  time  and  place  fixed  for  the  inspection  and  recep- 
tion of  the  work  by  the  superintendent,  and  the  property  owners, 
their  agents  and  representatives,  may  appear  and  be  heard  as  to 
whether  such  improvements  have  been  made  in  accordance  with 
the  ordinance  authorizing  the  same,  and  the  contract  therefor. 

§3100.  Error  in  proceedings  — councie  or  court  may 
correct  — ordinance,  how  passed. — No  error  in  the  proceed- 
ings of  the  general  council  shall  exempt  from  payment,  after  the 


of  a city  charter,  relating  to  the  im- 
provement of  the  city  streets,  re- 
quires the  city  engineer  to  inspect 
and  approve  the  work  before  the 
owners  of  adjacent  property  are  lia- 
ble for  such  improvement,  the  engi- 
neer’s duties  are  quasi  judicial,  must 
be  performed  by  himself  in  person 
and  not  by  deputy.  Harris  vs.  Zable, 
5 R-  1 14. 

(2)  The  notice  which  the  charter 
of  the  city  of  Louisville  requires  to 
be  given  by  the  city  engineer  of  the 
time  and  place  fixed  for  the  inspec- 
tion and  reception  of  the  improve- 
ments on  the  public  ways  is  suffi- 
cient, although  published  but  once, 
and  that  on  a holiday;  two  days’ 
notice  is  sufficient.  Boone,  Trustee, 
etc.,  vs.  Gleason,  5 R.  169. 

(3)  The  city  council  is  the  sole 
judge  of  the  manner  of  execution 
and  character  of  work  done  in  mak- 
ing street  improvements,  and  when 
such  work  is  accepted  by  the  coun- 
cil, the  adjacent  lot  owners  can  not 
resist  the  collection  of  the  cost 
thereof  on  the  ground  of  a defective 
execution  of  the  work.  Murray,  etc., 
vs.  Tucker,  etc.,  10  Bush  240;  City 
of  Henderson  vs.  Lambert,  14  Bush 


24;  Bogard  vs.  O’Brien,  14  R.  648; 
Joyes  vs.  Shadburn,  11  R.  892;  10  R. 
493;  Whitfield  vs.  Hippie,  11  R.  386. 
The  city  council  is  the  sole  judge 
of  the  necessity  as  well  as  the  pro- 
priety of  improving  a street.  Worth- 
ington vs.  City  of  Covington,  82  Ky. 
265  ; 6 R.  237 ; 3 R.  392. — Construc- 
tion and  effect  of  the  section  (2837) 
of  the  charter  of  first-class  cities, 
very  similar  to  this.  Richardson  vs.. 
Mehler,  23  R.  917. 

(4)  When  work  has  been  accept- 
ed by  a city,  and  there  is  no  claim 
of  fraud  or  collusion,  the  acceptance 
is  conclusive  evidence  that  the  work 
was  performed  according  to  the  con- 
tract. Baldrick  vs.  Gast.  25  R.  1977 1 
Eversole  vs.  Walsh,  25  R.  784. 

§3100.  (1)  A contractor  can  not 

recover  of  the  city  of  Louisville  for 
street  improvement  when  the  own- 
ers of  adjacent  property  have  been 
released  from  liability  by  reason  of 
the  failure  of  the  city  council  to 
take  proper  steps  to  make  them  lia- 
ble. Redd  & Bro.  vs.  City  of  Louis- 
ville, 5 R.  57- 

(2)  Failure  to  name  owner  and 
fix  sum  in  apportioning  an  assess- 


3ioo 


City  Charter. 


67 


work  has  been  done,  as  required  by  either  the  ordinance  or  con- 
tract ; but  the  general  council,  or  the  courts  in  which  suits  may  be 
pending,  shall  make  all  corrections,  rules  and  orders  to  do  justice 
to  all  parties  concerned ; and  in  no  event,  if  such  improvement  be 
made  as  is  provided  for,  either  by  ordinance  or  contract,  shall  the 
city  be  liable  for  such  improvement  without  the  right  to  enforce 
it  against  the  property  receiving  the  benefit  thereof ; but  no  ordi- 
nance for  any  original  improvement  mentioned  in  this  act  shall 
pass  both  boards  of  the  general  council  at  the  same  meeting,  and 
at  least  two  weeks  shall  elapse  between  the  passage  of  any  such 
ordinance  from  one  board  to  the  other. 


ment  in  particular  case  held  not 
fatally  defective.  Covington  vs. 
Boyle,  6 Bush  204. 

(3)  Error  in  proceedings  of  coun- 
cil will  not  exempt  lot  owner  from 
payment  after  work  has  been  done. 
City  of  Lexington  vs.  Woolfolk,  25 
R.  1817;  City  vs.  Clark,  105  Ky. 
392;  20  R.  1265;  B.  A.  P.  Co.  vs. 
Gaar,  24  R.  2227 ; and  see  City  vs. 
Selvage,  106  Ky.  730;  21  R.  349; 
Gosnell  vs.  City,  104  Ky.  201 ; 20  R. 
519;  106  Ky.  125;  20  R.  1694; 
Frankfort  vs.  Farmers’  Bank,  22  R. 
1738.  Isenberg  vs.  Selvage,  19  R. 
1963 ; 103  Ky.  260 ; Tennessee  Paving 
Brick  Co.  vs.  Barker,  2 2 R.  1069 — 
when  no  plans  and  specifications 
were  on  file  in  office.  Horne  vs. 
Mehler,  23  R.  1176. 

(4)  Assessment  will  not  be  dis- 
turbed unless  it  appears  affirmatively 
that  under  proper  method  the  prop- 
erty owner  would  be  charged  mate- 
rially less.  Button  vs.  Gast,  24  R. 
2284;  B.  A.  P.  Co.  vs.  Gaar,  24  R. 
2287. 

(5)  When  city,  not  property  own- 
ers, liable.  Murphy  vs.  Louisville, 
9 Bush  189 ; Guthrie  vs.  Louisville, 
6 B.  M.  575;  Louisville  vs.  Nevin, 


10  Bush  696;  Louisville  vs.  Leather- 
man,  99  Ky.  213;  18  R.  124;  Kaye 
vs.  Hall,  13  B.  M.,  455 ; City  of 
Louisville  vs.  Tyler,  hi  Ky.  588; 
23  R.  827;  City  of  Louisville  vs. 
Bitzer,  24  R.  2263 ; City  of  Louis- 
ville vs.  McNaughton,  19  R.  1695, 
and  see  City  of  Louisville  vs.  Glea- 
son, 24  R.  1491 ; and  see  Covington 
vs.  McKenna,  etc.,  27  R.  784. 

(6)  In  computing  the  time  which 
must  elapse  between  the  passage  of 
a street  improvement  ordinance  by 
one  board  and  its  passage  by  the 
other  board,  the  day  upon  which  the 
ordinance  was  first  passed  should  be 
counted.  Fehler  vs.  Gosnell,  99  Ky. 
380;  18  R.  238. 

(7)  Under  a provision  that  at 
least  two  weeks  shall  elapse  between 
the  passage  from  one  board  to  an- 
other of  an  ordinance  for  original 
street  improvement,  such  an  ordi- 
nance passed  by  one  board  on 
March  17,  and  by  the  other  on 
March  31,  is  valid.  City  of  Louis- 
ville vs.  Selvage,  21  R.  349.  Such 
an  ordinance  passed  by  one  board 
April  5,  and  by  the  other  April  19, 
is  valid.  Gleason  vs.  Burnett,  20  R. 
1865. 


68 


City  Charter. 


3101 


§3101.  Ten-year  pean  — bonds  — non-payment  of  as- 
sessment — COLLECTION  — sinking  Fund. — The  general  council 
may  provide  that  any  such  construction  or  reconstruction  shall 
be  made  on  the  ten-year  plan ; and  thereupon,  when  any  such 
improvement  has  been  completed  and  accepted,  a notice  shall  be 
given  by  publication  in  the  official  newspaper,  requiring  the  prop- 
erty owners  to  pay  the  local  taxes  levied  on  their  property ; and 
if  any  of  such  local  taxes  be  not  paid  by  such  property  owners, 
then  to  provide  a fund  for  the  immediate  payment  of  such  por- 
tion of  the  entire  cost  of  such  improvement. .or  re-improvement  as 
the  abutting  property  holders  shall  be  liable  for,  but  may  not  pay 
in  cash,  in  conformity  with  said  notice,  the  general  council  is 
authorized  to  borrow  money  at  a rate  of  interest  not  exceeding 
six  per  cent,  per  annum,  in  anticipation  of  the  collection  of  a 
special  tax  or  assessment  for  such  improvement  or  re-improve- 
ment, from  such  property  holders,  and  to  issue  the  bonds  of  the 
city  therefor  in  the  manner  and  form  herein  provided,  pledging 
the  faith  and  credit  of  the  city  for  the  payment  of  the  principal 
and  interest  thereof.  Said  bonds  shall  be  divided  into  ten  series, 
each  series  to  be  as  nearly  equal  as  possible,  said  series  to  be  paid 
respectively  in  one,  two,  three,  four,  five,  six,  seven,  eight,  nine 
and  ten  years  after  date.  Said  bonds  shall  be  of  the  denomina- 
tion of  one  hundred  dollars,  or  its  multiple,  not  exceeding  one 
thousand  dollars,  and  shall  bear  interest  at  the  rate  of  not  exceed- 
ing six  per  cent,  per  annum.  The  bonds  shall  have  the  name  of 
street,  alley,  market  space  or  public  square,  or  portion  thereof, 
for  the  improvement  of  which  they  are  used,  printed,  engraved 
or  written  thereon.  Any  odd  amount  remaining  after  the  issuing 
of  said  bonds  of  the  denomination  of  one  hundred  dollars,  or  its 
multiple,  as  herein  provided,  may  be  paid  in  cash  out  of  the  gen- 
eral fund  of  the  city,  or  may  at  the  option  of  the  general  council 
be  included  in  a separate  bond,  payable  in  ten  years  from  date, 


§3101.  (1)  Under  the  provisions 

of  §3101,  Kentucky  Statutes,  au- 
thorizing cities  of  the  second  class 
to  construct  streets  at  the  expense 
of  abutting  property  owners,  and 
giving  said  property  owners  the  op- 


tion to  pay  upon  the  ten-year  plan, 
and  providing  for  the  immediate 
payment  for  said  work  by  sale  of 
city  bonds  to  be  paid  one-tenth  each 
year,  the  city  can  not  issue  such 
bonds  without  a submission  to  a vote 


§3ioi 


City  Charter. 


69 


drawing  like  interest  as  the  bonds  herein  provided  for.  The 
owner  or  owners  of  each  lot  or  parcel  of  land  bounding  or  abut- 
ting upon  such  improvement  or  re-improvement,  and  who  does 
not  pay  in  cash  the  entire  amount  of  assessment  or  tax  due  from 
his  lot  or  parcel  of  land  as  above  provided,  shall  pay  annually,  at 
such  time  as  shall  be  specified  in  the  assessing  ordinance  of  the 
general  council,  one-tenth  of  the  amount  of  the  assessment  or  tax 
due  from  his  lot  or  parcel  of  land,  together  with  five  per  cent, 
interest  thereon,  and  five  per  cent,  interest  upon  the  remaining 
assessment  unpaid,  and  such  payments  shall  continue  to  be  made 
until  the  entire  amount  of  the  assessment  and  interest  shall  be 
paid.  In  default  of  such  payment  at  such  times,  the  same  penalty 
shall  attach  on  the  amount  so  payable  as  attaches  to  the  non- 
payment of  other  municipal  taxes,  and  shall  be  collected,  together 
with  amount  so  due  from  the  owner  or  owners  of  such  lot  or 
parcel  of  land,  in  the  same  manner  as  other  city  taxes  and  penal- 
ties are  collected  for  municipal  purposes.  And  such  assessments 
and  penalty  shall  be  and  remain  a lien  upon  such  lot  or  parcel 
of  land  until  the  same  has  been  fully  paid  and  satisfied.  It  shall 
be  the  duty  of  the  city  treasurer,  immediately  on  default  of  pay- 
ment in  cash  of  the  assessment  upon  said  property  at  the  time 
specified  by  the  general  council,  to  forthwith  certify  all  unpaid 
assessments  to  the  city  auditor,  and  cause  the  same  to  be  placed 
upon  the  tax  duplicate  with  other  taxes.  The  annual  assessment, 
and  all  portions  thereof,  shall  be  paid  to  the  city  treasurer  when 
collected,  and  shall  go  into  the  sinking  fund  of  the  city,  and  shall 


of  the  people  where  the  sale  of  the 
bonds  will  cause  the  city  to  become 
indebted  in  an  amount  exceeding  in 
any  year  the  revenue  and  income 
provided  for  such  year.  City  of 
Covington  vs.  McKenna,  99  Ky.  509, 
18  R.  288 ; but  see  City  of  Covington 
vs.  Na'daud,  20  R.  152,  and  also  City 
of  Catlettsburg  vs.  Self,  25  R.  161. 

(2)  A void  bond  issue  under  this 
section  did  not  relieve  the  lot  owner 
of  his  liability  for  the  special  assess- 
ment, which  the  city  was  neverthe- 


less entitled  to  collect,  and  which  it 
was  bound  solely  to  apply  to  the 
debt  incurred  for  the  improvement. 
Gedge  vs.  City  of  Covington,  26  R. 
273- 

(3)  As  to  limits  of  indebtedness 
and  issual  of  bonds,  see  City  of  Cov- 
ington vs.  McKenna,  99  Ky.  508,  18 
R.  288;  City  of  Covington  vs.  Na- 
daud,  103  Ky.  455,  20  R.  151 ; also 
compare  City  of  Catlettsburg  vs. 
Self,  25  R.  161. 

(4)  Civil  Code,  § 694,  Sub-section 


70 


City  Charter. 


§ § 3102—3105 


be  by  the  sinking  fund  commissioners  applied,  as  far  as  prac- 
ticable, to  the  payment  or  purchase  of  bonds  issued  in  anticipa- 
tion of  their  collection  and  the  interest  thereon,  as  the  same  shall 
become  due ; but  if  impracticable,  the  same  shall  be  invested  as 
other  funds  of  the  sinking  fund  are  required  to  be  invested. 

§3102.  Assessment  restricted. — No  local  assessment  for 
street  improvement  shall  exceed  one-half  of  the . value  of  the 
property  assessed. 

§3103.  Uniform  system  to  be  adopted. — Subject  to  the 
limitations  and  restrictions  herein  contained,  the  general  council 
shall,  by  ordinance,  adopt  a uniform  system  to  govern  and  regu- 
late the  construction  and  reconstruction  of  all  public  ways  and 
sidewalks  of  the  city.  And  when  such  uniform  system  is  so 
adopted,  then  the  general  council  may  therein  provide  that  part, 
and  if  so,  what  part,  of  the  cost  of  original  construction  of  any 
public  way  shall  be  paid  by  the  city ; and  when  such  provision  is 
so  made,  the  same  shall  not  be  changed,  but  shall  thereafter  apply 
to  the  original  construction  or  improvement  of  all  public  ways. 

§ 3104.  Revenue  from  water- works  applied  to  public 
ways. — The  net  revenue  derived  by  any  city  of  the  second  class 
from  its  water-works  shall  be  applied  exclusively  to  the  re-im- 
provement or  reconstruction  of  the  streets  and  the  other  public 
ways  of  the  city. 

(c)  Sewers. 

§3105.  Construction — cost — how  apportioned — limit 
— collection  — lien. — The  general  council  shall  have  power  to 


3,  does  not  apply  to  proceedings  to 

sell  property  to  satisfy  one  of  sev- 

eral installments  for  street  improve- 

ments due  others  not  being  due. 
District,  etc.,  vs.  Schneider,  106  Ky. 

605,  21  R.  212. 

§3102.  (1)  Where  cost  does  not 

amount  to  spoliation.  Duker  vs. 
B.  A.  P.  Co.,  25  R.  135;  Bullit  vs. 
Salvage,  20  R.  599;  Agusta  vs.  Mc- 
Kibben,  22  R.  1224. 

(2)  When  cost  amounts  to  spolia- 


tion. See  Louisville  vs.  Bitzer,  24 
R.  2263 ; James  vs.  City  of  Louis- 
ville, 19  R.  447. 

§ 33 * * * * * * I03-  0)  An  ordinance  requir- 

ing a contract  for  construction  of 
streets  to  be  let  after  advertising  to 
lowest  and  best  bidder,  passed  in 
pursuance  of  this  section,  is  bind- 
ing until  duly  modified  or  repealed. 
Fineran  vs.  Central  Bitulithic  Co., 
25  R.  876. 

§3105.  (1)  When  property  own- 


§3105 


City  Charter. 


7 1 


construct  sewers  along  or  under  any  of  the  streets,  alleys  or  high- 
ways of  the  city,  and  may  assess  the  entire  cost,  including  inter- 
sections, of  constructing  the  same  to  an  amount  not  exceeding  one 
dollar  per  front  foot  of  the  abutting  property  upon  the  lots  and 
lands  bounding  or  abutting  upon  said  streets,  alleys  or  highways 
in,  under  or  along  which  the  sewers  shall  have  been  constructed ; 
the  cost  of  the  construction  of  sewers,  not  exceeding  said  sum  of 
one  dollar  per  front  foot  of  the  abutting  property,  shall  be  appor- 
tioned equally  on  the  said  abutting  lot  owners  according  to  the 
front  feet;  When  the  amount  of  the  quotient,  after  dividing  the 
entire  cost  of  the  construction  of  the  sewer,  as  estimated  and  com- 
puted to  the  general  council  by  the  engineer,  by  the  number  of 
front  or  abutting  feet,  exceeds  the  sum  of  one  dollar  per  front  or 
abutting  foot,  then,  and  in  that  event,  the  entire  cost  of  construc- 
tion of  said  sewer  shall  be  assessed  upon  the  lots  and  lands  in 
the  neighborhood  of  said  sewer  which  may  be  benefited  thereby, 


ers  actually  had  notice  of  and  ap- 
peared to  prevent  the  passage  of  an 
ordinance  providing  for  sewer  im- 
provements and  for  assessment  upon 
the  abutting  property  to  pay  the 
costs  thereof,  such  parties  can  not 
complain  that  the  ordinance  was  not 
published  as  required  by  law. 

The  decision  of  the  city  council, 
which  passed  the  ordinance  to  build 
a sewer  upon  the  question  whether 
the  public  need  demands  the  im- 
provement will  be  regarded  as  final, 
unless  the  absence  of  benefit  and 
public  need  makes  it  manifest  that 
it  is  spoliation  and  not  legitimate 
taxation. 

The  acceptance  of  the  work  by  the 
city  council  is  conclusive  that  the 
work  was  done  in  accordance  with 
the  specifications.  Allen  vs.  Woods, 
20  R.  59. 

(2)  A municipal  corporation  is  re- 
sponsible for  damages  caused  by  the 
want  of  due  care  and  skill  in  con- 


structing a sewer;  and  also  for  the 
insufficient  size  or  capacity  thereof. 
City  of  Covington  vs.  Glennon,  2 R. 

215- 

(3)  Liability  of  city  for  insuf- 
ficiency of  capacity  of  sewers  and 
drainage  in  general.  Covington  vs. 
Glennon,  22  R.  615;  Louisville  vs. 
Gimpel,  22  R.  mo;  Louisville  vs. 
Norris,  23  R.  1195,  111  Ky.  903;  for 
obstruction  of  sewers,  Louisville  vs. 
O’Maley,  21  R.  873. 

(4)  Obstruction  or  diversion  of 
the  flow  of  surface  water.  Kemper 
vs.  Louisville,  77  Ky.  87;  McArthur 
vs.  Dayton,  19  R.  1882 ; Thoman  vs. 
City  of  Covington,  23  R.  117;  Fin- 
ley vs.  Williamsburgh,  24  R.  1336; 
Hay  vs.  City  of  Lexington,  24  R. 
1495- 

(5)  Liable  for  discharge  on  ad- 
jacent lands.  City  of  Covington  vs. 
Berry,  27  R.  962. 

(6)  The  assessment  may  be  made 
as  to  every  street  upon  which  lot 


72 


City  Charter. 


§§  3106, 3107 


according  to  the  benefits  received ; and  in  every  such  case  the 
council  shall,  by  ordinance,  fix  and  determine  the  amount  of  tax 
to  be  levied  upon  the  several  lots  or  lands  so  benefited.  The  gen- 
eral council  may,  however,  out  of  the  general  fund,  contribute  and 
pay  towards  the  construction  of  such  sewer,  such  part  thereof  as 
may  to  the  council  seem  proper.  The  tax  provided  for  in  this 
section  shall  be  a lien  upon  such  abutting  or  benefited  property, 
as  the  case  may  be,  and  may  be  collected  and  enforced  as  street 
improvement  liens  are  collected  and  enforced ; but  the  amount  of 
sewer  tax  assessed  against  any  lot  or  land  shall  in  no  event  exceed 
one  dollar  per  front  or  abutting  foot. 

Subdivision  V. 

(a)  Mayor. 

§ 3106.  Election  and  term  oe  oeeice. — The  chief  execu- 
tive officer  of  the  city  shall  be  the  mayor.  He  shall  be  elected  for 
a term  of  four  years,  by  the  qualified  voters  of  the  city.  (Appoint- 
ments to  be  made  by  mayor , Secs.  3118,  3126,  3137,  3143 . Mayor 
pro  tern.,  Sec.  3204.) 

§3107.  Ineligible  for  re-election  — qualifications  — 
take  office  — duties  — salary. — The  mayor  shall  be  ineligible 
for  the  succeeding  term  after  the  expiration  of  the  term  for  which 
he  shall  have  been  elected.  He  shall  be  not  less  than  thirty  years 
of  age,  and  possess  the  same  qualifications,  and  rest  under  the 
same  disabilities,  that  are  required  of  the  general  council ; and,  in 
addition  thereto,  shall  have  been  a resident  and  voter  of  the  city 
not  less  than  three  years  next  preceding  his  election.  He  shall 
commence  the  execution  of  the  duties  of  his  office  on  the  first 
Monday  in  January  succeeding  his  election,  and  shall  continue  in 
the  execution  thereof  until  his  successor  shall  have  been  duly 


abuts  and  in  which  a sewer  is  con- 
structed. Rich  vs.  Woods,  26  R.  799 
(7)  For  construction  of  sewers 
under  laws  prior  to  present  Consti- 
tution, see  Warren  vs.  City  of  New- 
port, 23  R.  1006;  Dyer  vs.  City  of 
Newport,  26  R.  204. 


§ 3107.  (1)  Eligibility,  see  eligi- 

bility of  members  of  general  council, 
notes  to  § 3043. 

(2)  While,  as  a rule,  the  mayor 
has  no  authority  by  virtue  of  his 
office  to  authorize  litigation  on  be- 
half of  the  city,  or  employ  counsel 


§§  3!o8 — 31  x 1 


City  Charter. 


73 


elected  and  qualified.  He  shall  receive  at  stated  times,  for  his 
services,  a compensation  to  be  fixed  by  ordinance,  not  exceeding 
$4,000  per  annum.  He  shall  see  that  all  ordinances  and  by-laws 
of  the  city  are  duly  executed  and  put  in  force ; he  shall  see  that 
all  officers  and  employes  of  the  city  shall  discharge  their  respective 
duties  faithfully  and  efficiently,  and  upon  their  failure  to  do  so, 
shall  report  same  to  general  council. 

§ 3108.  Filling  vacancies  in  oeeice — duty  as  to  public 
property  and  contracts  with  city. — He  shall  have  power, 
except  as  otherwise  provided  in  this  act,  to  fill  vacancies  in  office, 
which  shall  not  expire  until  such  vacancies  shall  have  been  filled 
according  to  the  provisions  of  this  act.  He  shall  have  the  care 
and  superintendence  of  all  the  public  property  of  the  city,  and 
shall  execute  all  contracts  for  the  city,  authorized  and  directed 
by  ordinance,  and  shall  see  that  all  contracts  with  the  city  are 
conducted  and  completed  according  to  the  contract. 

§3109.  May  require  information  from  officers. — He 
may  require  information  in  writing  from  the  executive  and  min- 
isterial officers  of  the  city  upon  any  subject  relating  to  the  duties 
of  their  respective  offices. 

§ 3110.  Communications  to  council  — may  convene  it. 
— He  shall,  from  time  to  time,  give  to  the  general  council  infor- 
mation in  regard  to  the  affairs  of  the  city,  and  recommend  to  their 
consideration  such  measures  as  he  may  deem  expedient ; he  may, 
for  special  reasons,  convene  the  general  council  at  any  time. 

§3111.  Office  to  be  kept  in  convenient  place  — dis- 
charge of  prisoners. — He  shall  keep  an  office  at  some  con- 
venient place  in  the  city,  as  prescribed  by  ordinance,  and  shall 
have  power  to  administer  oaths.  He  may  discharge  from  con- 
finement any  person  convicted  and  sentenced  in  the  police  court, 
and  shall  file  with  the  board  of  aldermen  a statement  in  writing 
of  his  reasons  therefor,  which  statement  shall  always  be  open  to 
public  inspection. 


to  represent  it,  cases  of  emergency 
may  arise  when  the  power  must  nec- 
essarily exist.  Louisville  vs.  Mur- 
phy, 86  Ky.  53,  9 R.  310;  Owensboro 


vs.  Weir,  95  Ky.  158,  15  R.  506;  14 
R.  710;  as  to  what  constitutes  an 
emergency,  see  case  last  cited. 


74 


City  Charter. 


§§3112—3114 


§ 3112.  OEEICIAE  BONDS  — DUTIES  IN  REGARD  TO. — He  shall 
see  that  every  officer  who  is  required  to  give  bond  has  duly  given 
said  bond  and  qualified  before  he  enters  on  the  duties  of  his  office. 
If  the  mayor  permit  any  officer  to  be  without  bond,  he  shall  be 
responsible  for  the  defaults  of  such  officer  so  long  as  the  same 
shall  continue. 

§ 3113.  Requirement  oe  annual  statement  oe  oeeicers 
— report  To  council. — He  shall  annually  require  of  the  execu- 
tive and  ministerial  officers  of  the  city  a detailed  statement  in 
writing  of  the  business  and  condition  of  their  respective  offices, 
which  annual  statement  he  shall  embody  in  a report,  with  such 
other  suggestions,  recommendations  and  information  as  he  may 
deem  proper,  which  report  he  shall  present  to  each  board  of  the 
general  council,  which  shall  be  ordered  printed  by  the  general 
council. 

§3114.  Approval  oe  ordinances  — proceedings  in  coun- 
cil upon  disapproval  — eEEect. — Every  proposed  ordinance  or 
joint  resolution  which  has  passed  the  general  council  shall  be  pre- 
sented to  the  mayor,  and  if  he  approves  it,  he  shall  sign  it,  and 
return  it  to  the  board  in  which  it  originated ; but  if  he  disapproves 
it,  he  shall  return  it,  with  his  objections  in  writing,  to  the  board 
in  which  it  originated ; and  said  board  shall  then  reconsider  the 
same,  and  if  two-thirds  of  the  member s-elect  concur  in  adopting 
it  again,  it  shall  be  sent,  with  the  mayor’s  objections,  to  the  other 
board,  when  it  shall  also  be  reconsidered,  and  if  passed  by  a vote 
of  two-thirds  of  the  members-elect,  it  shall  be  in  full  force  and 
effect ; in  such  cases,  the  vote  of  such  board  shall  be  taken  by 
yeas  and  nays,  and  recorded  in  the  journal.  Should  the  mayor 
fail  to  approve  a proposed  ordinance  or  resolution  within  twenty 
days  after  presentation  to  him,  he  shall  be  deemed  to  have  dis- 
approved the  same,  and  thereupon  the  same  course  shall  be  pur- 


§3114.  (1)  Where  the  mayor  of 

the  city  of  the  first  class  returned 
an  ordinance  with  a message  in 
writing  addressed  “to  the  general 
council,”  calling  attention  to  the  fact 
that  the  ordinance,  in  violation  of 
Kentucky  Statutes,  § 2777,  had  been 


passed  by  both  boards  on  same  day, 
and  requesting  that  mistake  be  rec- 
tified “by  the  reconsideration  and 
passage  of  the  ordinance  to-night,” 
the  mayor’s  message  was  not  a veto 
message  or  a statement  of  his  objec- 
tions, but  merely  a request  that  one 


§§3115—3117 


City  Charter. 


75 


sued  with  reference  thereto  as  if  he  had  in  fact  disapproved  the 
same.  The  general  council  may  authorize  the  mayor  to  appoint  a 
clerk,  and  the  general  council  shall  fix  his  compensation. 

§3115.  Process  and  notices  to  be  served  on  mayor  — 
notice  to- council. — All  legal  process  or  notice  of  any  kind  for 
or  against  said  city  shall  be  executed  upon  the  mayor  thereof,  who 
shall  communicate  the  same  to  the  general  council  at  the  next 
meeting  of  the  board  thereof,  which  shall  meet  first  after  the 
service  of  said  process  or  notice,  and  shall  also  communicate  the 
same  to  the  proper  officers  of  said  city  upon  reception  by  him 

§3116.  Other  duties. — The  mayor  shall  discharge  such 
other  duties  as  may  be  required  of  him  by  ordinance. 

§3117.  Official  newspaper  selected  by  city  attorney 

ORDINANCES  AND  PROCEEDINGS  TO  BE  PUBLISHED. — That  the 

city  attorney  shall  annually  select  a daily  newspaper  to  be  known 
as  the  official  newspaper  of  the  city,  and  in  such  official  news- 
paper for  the  term  of  one  year  shall  be  regularly  and  promptly 
published  a correct  and  full  abstract  of  the  proceedings  of  both 
boards  of  the  general  council,  and  all  ordinances,  resolutions  and 
notices  which,  under  this  act,  or  the  ordinances  of  the  city,  may 
be  required  to  be  published ; but  the  price  for  such  publication 
shall  not  exceed  the  regular  advertising  rates  for  such  newspaper. 
The  city  attorney  may  examine  the  subscription  books  and  other 
evidence  offered  by  competitors  to  enable  him  to  reach  a just 
determination,  and  his  determination  shall  be  final.  No  ordinance 
or  resolution  appropriating  or  paying  less  than  fifty  dollars  shall 
be  published,  nor  shall  ordinances  for  street  or  other  public 
improvements  or  proposals  or  bids  for  such  improvements  include 
details  of  specifications,  but  these  shall  in  the  proper  office  be 
open  to  examination,  and  the  notices  shall  so  state.  All  acts  or 
parts  of  acts  inconsistent  herewith  are  hereby  repealed.  ( Section 


of  the  boards  pass  the  ordinance. 
Oswald  vs.  Gosnell,  21  R.  1660. 

§3115.  (1)  An  indorsement  by  the 
city  attorney  acknowledging  service 
of  a notice  of  a mechanic’s  lien 
against  the  city  is  sufficient  to  cause 
the  lien  to  attach,  especially  where 


the  plaintiff  was  prevented  from 
serving  it  on  the  mayor,  and  was 
informed  by  the  city  attorney  that 
his  acceptance  was  sufficient.  Aus- 
beck  vs.  Schardein,  20  R.  178. 

§ 3117.  (1)  As  to  publication,  see 
Notes  5,  6 and  7 to  § 3045. 


76 


City  Charter. 


§§3118—3120 


as  amended  by  act  of  March  18,  1902;  the  original  section  was 
amended  by  act  of  March  15,  1898.) 

(b)  Superintendent  of  Public  Works. 

§ 3118.  Appointed  and  removed  by  mayor  — powers  and 
duties. — The  mayor  shall  appoint  a superintendent  of  public 
works,  subject  to  the  approval  of  the  board  of  aldermen,  for  a 
term  of  two  years;  and  he  shall  be  subject  to  removal  by  the 
mayor,  upon  the  approval  of  the  board  of  aldermen.  But  said 
superintendent  shall  not  undertake  any  improvements  or  perform 
any  work,  or  make  any  appointments  or  employments,  until  said 
work  and  improvements  shall  have  been  authorized  by  ordinance, 
and  until  the  number  and  compensation  of  appointees  and  employes 
shall  have  been  fixed  by  ordinance,  and  the  city  shall  not  be  held 
to  any  liability  incurred  by  said  superintendent  in  violation  of  this 
provision. 

§3119.  Duties  in  regard  to  pubeic  ways  and  peaces  — 
bridges,  wharves. — Said  superintendent  shall  supervise  the  pav- 
ing, grading,  construction  and  reconstruction  of  the  sidewalks 
and  roadways  of  all  streets  and  alleys  and  public  grounds  in  the 
city ; the  cleaning,  sprinkling,  repairing  and  improving  of  all 
streets,  avenues,  alleys  and  public  places ; the  constructing,  alter- 
ing, repairing  and  managing  of  all  bridges,  wharves,  culverts, 
receiving  basins,  sewers,  drains  and  water  courses  within  the  city ; 
the  laying  of  gas,  water  and  sewer  pipes  through  any  street  or 
alley,  and  the  issuing  of  permits  for  the  connecting  with  any  gas, 
water  or  sewer  pipe ; the  laying  down  and  repairing  of  all  side- 
walks, cross-walks,  curbing  and  guttering ; the  constructing  of  all 
vaults  under  any  portion  of  the  streets. 

§3120.  Superintendence  of  improvements  — regula- 
tions — report  OF  expenditures. — Said  superintendent  shall 
exercise  such  other  powers  and  perform  such  other  duties  in  the 
superintendence  of  public  works,  improvements  and  repairs  con- 
structed by  the  authority  of  the  general  council  or  owned  by  the 
city,  as  may  be  prescribed  by  ordinance.  Said  superintendent 
shall  make  all  necessary  regulations  for  the  government  of  the 
department,  not  inconsistent  with  this  act  or  any  ordinance  of  the 
city.  It  shall  be  the  duty  of  the  superintendent  to  keep  an  accu- 


§§3121—3125 


City  Charter. 


77 


rate  account  of  all  work  done  in  his  department,  showing  the 
amount  expended  for  original  improvements  and  construction,  and 
the  amount  for  repairs,  superintendence  and  other  expenditures, 
exhibiting  the  source  of  expenditure ; and  it  shall  be  the  duty  of 
said  superintendent  to  make  a report  in  writing  to  the  general 
council  once  every  three  months,  or  oftener  if  thereto  required, 
giving  the  expenditure  of  the  work  under  his  control,  and  a state- 
ment of  the  conditions  and  progress  of  the  work  in  his  charge. 

§ 3121.  Estimate  oe  expenditures  eor  ensuing  year  to 
be  submitted  to  auditor. — The  superintendent,  at  the  beginning 
of  each  fiscal  year,  shall  submit  to  the  auditor  a statement  of 
the  estimated  amount  required  by  his  department  for  repairs  and 
improvements  during  the  ensuing  year.  Such  statement  shall  be 
in  detail,  and  the  same  shall  be  laid  before  the  general  council  by 
the  auditor.  The  general  council,  in  the  first  apportionment  ordi- 
nance of  the  fiscal  year,  shall  set  apart  such  amount  as  may  be 
deemed  necessary  for  the  purposes  of  said  board,  payable  out  of 
the  next  annual  revenue  of  the  city. 

§ 3122.  Books  to  be  kept  showing  receipts  and  expend- 
itures.— It  shall  be  the  duty  of  such  superintendent  to  keep 
books  showing,  with  accuracy,  the  receipts  and  expenditures  of 
his  department  in  such  manner  as  to  enable  the  same  to  be  under- 
stood and  investigated,  and  also  to  preserve  on  file  in  the  office 
duplicate  vouchers  for  all  expenditures,  which  books  and  vouchers 
shall  at  all  times  be  open  to  the  examination  of  the  auditor,  or  to 
the  financial  committee  of  the  general  council,  or  to  any  member 
of  the  general  council. 

§3123.  Payment  oe  saearies  and  expenses. — All  bills 
and  accounts  of  said  superintendent,  and  all  salaries  and  com- 
pensation of  appointees  and  employes,  shall  be  allowed  and  paid 
in  the  same  manner  that  the  bills,  accounts,  salaries  and  compen- 
sations of  other  officers,  persons,  appointees  and  employes  of  or 
against  the  city  are  paid. 

§ 3124.  Charge  oe  gas,  eeectric  eight  works,  wharves. 
— Said  superintendent  shall  have  charge,  control  and  supervision 
of  the  city’s  gas,  electric  light  works,  wharves,  parks  and  market- 
houses. 

§3125.  Estabeishment  oe  board  oe  pubeic  works  — 


78 


City  Charter. 


§§3126,3127 


office  OF-  superintendent  To  cease. — The  general  council  may, 
by  ordinance,  establish  a board  of  public  works,  to  consist  of  three 
members.  Said  board,  if  established,  shall  be  appointed  as  said 
superintendent  is  authorized  to  be  appointed,  and  for  the  same 
term.  When  such  board  is  established,  said  office  of  superin- 
tendent shall  cease.  Said  board,  if  established,  shall  not  be  abol- 
ished within  six  years.  The  compensation  of  said  superintendent 
and  said  board,  if  established,  shall  be  fixed  by  the  general  council. 

(c)  Auditor. 

§3126.  Appointed  by  mayor  — term  of  office  — quaui- 
fications. — The  mayor  shall,  on  or  before  July  succeeding  his 
election,  appoint,  with  the  advice  and  consent  of  the  board  of 
aldermen,  an  auditor,  for  the  term  of  two  years,  and  until  his 
successor  is  duly  appointed  and  qualified.  He  shall  be  an  elector 
of  the  city,  and  a resident  of  the  city  for  five  years  next  preceding 
his  appointment. 

§ 3127.  Duties  of  auditor. — The  auditor  shall  be  the  gen- 
eral accountant  of  the  city,  and  as  such  it  shall  be  his  duty  to 
receive  and  preserve  in  his  office  all  accounts,  books,  vouchers, 
documents  and  papers  relating  to  the  accounts  or  contracts  of 
the  city,  its  debts,  revenues  and  the  fiscal  affairs,  and  to  adopt  a 
proper  mode  and  manner  of  double-entry  book-keeping.  He  shall 
state  and  render  all  accounts  filed  or  kept  in  his  office  between  the 
city  and  other  persons  or  body-corporate,  except  when  otherwise 
provided  by  law  or  ordinance.  He  shall  examine,  adjust  and 
audit  all  unsettled  accounts,  claims  and  demands  agains  tthe  city 
for  payment  of  which  any  money  may  be  drawn  from  the  treas- 
ury, and  after  having  examined  the  same,  with  all  accompanying 
vouchers  and  documents,  shall  certify  thereon  the  balance  or  true 
state  of  such  claim  or  demand ; but  no  such  claim  or  demand,  or 
any  part,  thereof,  shall  be  audited  against  the  city  unless  it  is 
authorized  by  law  or  ordinance,  and  is  in  proper  and  fully  item- 
ized form,  and  unless  the  amount  required  for  the  payment  of 


§3127.  (1)  Evidence  of  assist-  competent  in  City  vs.  Cassidy,  105 

ant  engineer  concerning  records  of  Ky.  424,  20  R.  1348. 
which  he  is  not  custodian  held  in- 


§§  3I28>  3I29 


City  Charter. 


79 


same  shall  have  been  appropriated  for  that  purpose  by  the  general 
council,  or  until  a classified  list  of  such  claims  and  demands  has 
been  approved  by  the  auditing  committee  and  reported  to  and 
ordered  to  be  paid  by  the  general  council.  He  shall  have  power 
to  administer  oaths,  and  may  require  statements  of  accounts,  to 
be  verified  by  affidavit,  whenever  he  thinks  proper,  and  he  shall 
keep  all  accounts  of  the  city,  general  and  special,  in  a systematical 
and  orderly  manner.  He  shall  keep  all  accounts  and  memoran- 
dums of  claims  against  the  city  properly  filed  and  indexed.  (May 
examine  records  of  police  and  justices'  courts.  Sec.  3211.) 

§ 3128.  Duties  oe  auditor — books  open  to  inspection. — 
He  shall  keep  accounts  of  all  money  received  by  the  city  from 
any  officer  or  agent  thereof,  either  from  collections,  loans,  sale 
of  bonds,  fees,  fines,  penalties  or  otherwise,  and  see  that  they  shall 
be  deposited  in  the  treasury  regularly  once  a day,  unless  other- 
wise provided  by  law  or  ordinance ; and  in  case  the  provisions  of 
this  section  are  not  complied  with,  shall  report  such  delinquencies 
to  the  mayor  and  general  council.  His  books  shall  be  public 
records,  and  open  at  all  times  to  inspection  by  the  mayor  and 
members  of  the  general  council,  and  under  proper  regulations  to 
the  public.  He  shall  report  the  balance  in  the  treasury  each  day 
to  the  mayor,  and  at  the  regular  monthly  meetings  of  the  general 
council  shall  report  the  unexpended  balances  on  all  appropriations. 

§3129.  Supervision  oe  eiscal  aeeairs  — powers,  rights 
and  duties.— He  shall  exercise  a general  superintendence  over 
the  fiscal  affairs  of  the  city ; the  collection  and  return  into  the 
treasury  of  all  money  and  revenue  of  the  city;  the  disbursements 
of  all  revenues  and  moneys  of  the  city ; of  all  property,  assets  and 
claims,  and  the  sale  or  other  disposition  thereof ; and  by  and  with 
the  consent  of  the  mayor  shall  see  that  all  necessary  official  and 
legal  proceedings  are  had  for  the  protection  of  the  city’s  interests 
in  all  such  property,  assets  and  claims ; that  proper  rules  and  reg- 
ulations are  prescribed  and  observed  in  relation  to  all  accounts, 
settlements  and  reports  connected  with  the  fiscal  concerns  of  the 
city;  that  no  liability  is  incurred  or  expenditure  made  on  behalf 
of  the  city  without  due  authority  of  law ; and  that  appropriations 
are  not  overdrawn.  He  is  especially  charged  with  the  preserva- 
tion of  the  credit  and  honor  of  the  city  in  relation  to  its  public 


8o 


City  Charter. 


§§3130—3132 


debt  and  other  liabilities ; and  shall,  with  the  mayor’s  written 
approval,  do  and  perform  any  and  all  acts  and  things  not  incon- 
sistent with  the  provisions  of  this  act,  and  any  ordinances  there- 
under, as  may  be  proper  to  accomplish  the  duties  contemplated 
herein.  He  shall  make  annual  reports  to  the  general  council, 
and  to  the  mayor  on  his  request,  on  the  financial  condition  and 
requirements  of  the  city,  with  careful  estimates  of  receipts  and 
expenditures.  The  records  of  his  office  shall  show  the  financial 
operations,  conditions,  property,  assets  and  claims  of  the  city,  the 
expenditures  authorized  for  public  works,  and  all  contracts  with 
the  names  of  contractors,  in  which  the  city  is  interested,  and  the 
bonded  and  other  indebtedness  of  the  city ; he  shall  countersign 
all  warrants  drawn  on  the  treasurer  for  any  payments,  and  shall 
duly  record  the  amount  and  nature  of  the  same.  He  shall  have 
access  to  the  books  and  other  records  of  any  department  under 
the  city  government  whenever  he  so  desires,  and  he  shall  see  that 
the  accounts  of  the  city  are  kept  in  a plain  methodical  manner. 
He  shall  have  a seat  in  either  board  of  the  general  council,  with 
a right  to  debate'  on  any  question  pertaining  to  his  department, 
but  shall  have  no  vote. 

§3130.  Duty  in  regard  to  judgments  against  city. — 
Should  any  judgment  be  rendered  against  the  city,  for  which  no 
provision  has  been  made  by  ordinance  or  otherwise,  he  is  author- 
ized, with  the  approval  of  the  mayor  and  general  council,  to  effect 
a temporary  loan  to  meet  the  same,  and  to  do  and  perform  all 
other  acts,  with  the  approval  of  the  mayor  and  general  council, 
necessary  to  preserve  the  credit  and  prosperity  or  rights  of  the  city. 

(d)  City  Treasurer. 

§3131.  Election  of  — qualifications. — There  shall  be  a 
city  treasurer  elected  by  the  qualified  voters  of  the  city.  No  per- 
son shall  be  eligible  to  the  office  of  city  treasurer  who  is  not 
twenty-five  years  of  age,  and  who  has  not  been  for  three  years 
preceding  his  election  an  elector  of  the' city. 

§ 3 132.  Bond  — salary  — duties  — depository  of  city 


§3132.  (1)  The  treasurer  is  ex-  ucation,  and  said  board  can  not  give 

officio  treasurer  of  the  Board  of  Ed-  said  official  any  additional  salary 


§§  3133.3134 


City  Charter. 


81 


Funds  To  execute  bond. — The  treasurer  shall  give  such  bond 
and  receive  such  salary  as  the  general  council  shall  by  ordinance 
provide.  In  addition  to  such  other  duties  as  may  be  required 
herein,  or  as  may  be  provided  by  ordinance,  he  shall  receive  all 
funds  of  the  city  and  deposit  them  in  the  city  depository  before 
he  shall  pay  out  any  of  them,  and  he  shall  not  pay  out  any  money 
save  on  duly  authenticated  orders,  and  then  by  check  or  order  on 
the  city  depository.  The  city  depository  shall  be  one  of  the  banks 
of  the  city,  which  shall  be  selected  and  designated  by  the  city 
treasurer.  He  shall  make  daily  deposits  in  such  depository  of  all 
money  received  by  him  for  the  city  in  the  preceding  twenty-four 
hours.  He  shall  furnish  to  the  auditor  once  in  each  month,  and 
at  any  time  when  demanded,  a certificate  from  the  city  deposi- 
tory showing  the  balance  on  hand  to  the  credit  of  the  city,  and 
also  a statement  of  the  gross  amount  and  numbers  of  the  war- 
rants or  orders  on  the  treasurer  paid  by  him  since  his  preceding 
report.  The  depository  shall,  before  the  city  funds  shall  be  depos- 
ited with  it,  execute  to  the  satisfaction  of  the  general  council  bond, 
in  such  sum  or  penalty  as  the  general  council  shall  fix,  for  the 
faithful  care  and  payment  of  all  funds  intrusted  to  it. 

(e)  City  Clerk. 

§3133.  Duties  of  the  ceerk  — ordinances  to  be  pre- 
sented to  the  mayor. — It  shall  be  the  duty  of  the  city  clerk, 
in  person  or  by  deputy,  to  attend  all  meetings  of  the  general 
council,  both  in  joint  and  separate  sessions,  and  to  keep  a true 
record,  properly  indexed,  of  its  proceedings,  to  promptly  and 
without  delay  present  to  the  mayor  for  his  consideration  and 
action  all  ordinances,  resolutions  or  by-laws  passed  by  the  gen- 
eral council,  taking  the  receipt  of  the  mayor  therefor,  showing  the 
date  of  delivery  to  the  mayor,  and  shall  also  note  of  record  the 
action  of  the  mayor  thereon.  The  clerk  shall  keep  the  seal  of  the 
city,  and  affix  the  same  when  required  by  law. 

§ 3134.  Ordinances  and  papers  delivered  to  auditor. — 


therefor.  B.  of  Ed.  of  Lexington 
vs.  Moore,  114  Ky.  640,  24  R.  1478. 
§3133-  (1)  This  section  implies 


the  authority  to  create  the  office  of 
deputy  clerk.  Lowry  vs.  City  of 
Lexington,  113  Ky.  763,  24  R.  516. 


( 6 N ) 


8 2 


City  Charter. 


§§3135,3136 


Said  clerk  shall  deliver  to  the  auditor  all  ordinances,  by-laws,  res- 
olutions, contracts,  original  papers  and  documents  of  every  char- 
acter, or  copies  thereof,  taking  his  receipt  therefor,  showing  the 
date  of  delivery,  which  receipt  the  clerk  shall  note  of  record^,  but 
no  ordinance,  by-law  or  resolution  shall  be  so  delivered  until  the 
same  shall  have  become  a law  and  in  force  and  effect,  save  as  to 
publication. 

§ 3J35-  Warrants  — licenses  — shall  make  copies  or- 
dered to  be  made. — Said  clerk  shall  sign  all  warrants  on  the 
treasury,  shall  issue  all  licenses  authorized  or  required  by  law  or 
ordinance,  and  shall  make  out  and  copy  all  assessment,  license 
and  tax-books  as  may  be  prescribed  by  law  or  ordinance,  and 
deliver  same  to  the  proper  officials. 

§3136.  Custody  oe  records  — attestation  oe  oeeicial 
acts  — public  printing  — bond. — He  shall  have  the  custody  of 
the  public  records,  the  original  or  engrossed  copies  of  ordinances 
of  the  city;  all  original  or  copies  of  contracts,  deeds  and  certifi- 
cates relative  to  the  title  of  any  property  of  the  city;  all  original 
or  copies  of  official,  penal,  indemnity  and  security  bonds,  and 
such  other  records,  papers  and  documents  of  value  as  are  not 
required  to  be  deposited  in  any  other  office,  all  of  which  shall  be 
registered  by  numbers,  date  and  contents.  He  shall  keep  the  con- 
tract book  and  ordinance  book  of  the  city,  and  have  all  contracts 
and  ordinances  accurately  entered  and  engrossed  in  said  books 
respectively.  He  shall  attest  all  public  instruments  and  official 
acts  of  the  mayor  by  his  signature  and  the  seal  of  the  city.  He 
shall  make  copies  of  such  original  documents,  records  and  papers 
in  his  office  as  may  be  required  by  any  officer  or  person,  and 
charge  therefor  such  fees  as  may  be  provided  by  ordinance,  said 
fees  to  be  for  the  use  and  benefit  of  the  city.  He  shall  have  gen- 
eral supervision  of  the  public  printing,  and  see  that  it  is  properly 
executed,  and  shall  file  and  preserve  in  his  office  printed  copies 
of  all  ordinances  passed  by  the  general  council  which  become 
laws.  He  shall  register  and  preserve  in  his  office  all  contracts, 
bonds,  oaths  or  affirmations  taken  or  given  by  city  officers  or 
employes,  and  may  administer  such  oaths  or  affirmations.  He 


§ 3J35-  See  Baker’  vs.  Lexington,  21  R.  902,  Note  1,  § 3°76. 


§§3137.3138 


City  Charter. 


83 


shall  give  bond  for  the  faithful  performance  of  his  official  duties, 
in  the  sum  of  not  less  than  ten  thousand  dollars,  with  such  solvent 
security  as  may  be  approved  by  the  mayor  and  general  council, 
and  shall  receive  such  salary  and  perform  such  other  duties  as  the 
general  council  may  provide  by  ordinance.  (Section  as  amended 
by  act  of  March  15,  1898.) 

(f)  Police  and  Fire  Commissioners 

§3137.  Appointed  — qualifications — term  of  office — 
salaries  — mayor,  chairman. — The  mayor,  subject  to  the  ap- 
proval of  the  board  of  aldermen,  shall  appoint  four  citizens  and 
freeholders  of  the  city,  who  shall  have  been  electors  of  the  city 
for  five  years  preceding  their  appointment,  and  who  shall  not  be 
less  than  thirty  years  of  age,  and  not  related  to  the  mayor  by 
blood  or  marriage,  who,  together  with  the  mayor,  shall  compose 
a board  of  police  and  fire  commissioners.  The  mayor  shall  be 
ex-officio  chairman  of  said  board.  Said  commissioners  shall  be 
appointed  for  a term  of  one,  two,  three  and  four  years,  respect- 
ively, upon  the  taking  effect  of  this  act,  and  every  year  there- 
after, as  the  terms  of  office  of  the  said  commissioners  shall  expire, 
respectively,  there  shall  be  one  commissioner  appointed  for  a term 
of  four  years,  and  the  mayor  shall  fill  all  vacancies  that  may  occur 
in  said  board.  The  salaries  of  the  commissioners  may  be  fixed  by 
the  general  council.  The  city  clerk  shall  act  as  clerk  of  said  board. 

§3138.  Powers  — appointment  and  removal  of  chief 
of  departments  and  subordinates. — The  said  commissioners 
shall  have  full  control  over  the  police  and  fire  departments  of  the 
city,  together  with  all  the  property  and  paraphernalia  thereof  or 
belonging  thereto,  and  may  make  or  ordain  and  put  into  execution 
such  by-laws,  rules  and  regulations  for  the  government  of  said 
departments  as  may  be  deemed  expedient,  and  may  prescribe  the 
qualifications  of  the  firemen  and  officers  and  members  of  the  police 
and  fire  departments,  respectively.  They  shall  appoint  a chief  of 


§ 3137-  Mayor’s  appointment  of  a 
member  of  the  board  of  police  and 
fire  commissioners  to  fill  a vacancy 
■need  not  be  confirmed  by  the  board 


of  aldermen.  Watkins  vs.  Mooney, 
24  R.  1469. 

§ 3138.  Right  of  policemen  to 
compensation  under  charter  of  cities 


84 


City  Charter. 


§§  3139—3141 


police  and  all  policemen,  and  a chief  of  the  fire  department  and 
all  subordinates,  and  shall  fix  the  salary  of  the  chiefs  of  all  depart- 
ments, and  prescribe  their  duties,  and  they  may  grade  the  officers 
of  said  departments  and  prescribe  their  several  duties,  and  may 
remove  them  with  or  without  cause. 

§ 3139.  Duties  OE  commissioners. — They  are  expressly 
charged  with  the  duty  of  having  the  chiefs  and  the  members  of 
the  police  and  fire  departments  to  faithfully  discharge  such  duties 
as  may  be  imposed  by  law  or  prescribed  by  ordinance,  and  to 
that  end  may  remove  any  member  of  either  department  with  or 
without  cause. 

§3140.  Number  oe  eiremen  and  policemen  — salaries. 
— The  number  of  firemen  or  policemen  and  officers  of  either 
department  may  be  such  as  the  general  council  may,  from  time 
to  time,  ordain,  and  may  be  increased  or  diminished  upon  petition 
of  the  commissioners  in  that  behalf ; and  said  general  council  shall, 
by  ordinance,  provide  for  the  payment  of  salaries  of  the  firemen 
and  policemen  and  officers  of  either  of  the  said  departments,  and 
other  expenses  thereof. 

§3141.  Oath  and  bond  oe  policemen  — eligibility. — 
Each  member  of  the  police  force,  before  entering  upon  the  dis- 
charge of  his  duties,  shall  take  an  oath  before  the  mayor  to  well 
and  truly  discharge  the  duties  of  his  office,  which  oath  shall  be 
subscribed  by  the  person  taking  it,  and  shall  be  preserved  on  file 


of  first  class — where  laid  off  without 
authority.  See  City  of  Louisville 
vs.  Gorley,  25  R.  2174. 

§ 3139.  (1)  Policemen  of  city  of 

Lexington  are  removable  at  pleas- 
ure, with  or  without  cause,  by  the 
board  of  police  commissioners. 

The  reduction  of  the  salaries  of 
policemen  is  not  prohibited  by  § 161 
of  the  Constitution.  They  have  no 
term  of  office,  and  that  section  ap- 
plies alone  to  officers  whose  terms 
are  fixed  by  law.  City  of  Lexingotn 
vs.  Rennick,  20  R.  1609,  105  Ky.  779. 

(2)  For  removal  in  cities  of  first 
class,  see  Gorley  vs.  City  of  Louis- 


ville, 104  Ky.  372,  20  R.  602;  Krakel 
vs.  Neumeyer,  no  Ky.  624,  23  R.  190,. 
and  see  Gorley  vs.  City  of  Louisville,. 
23  R.  1782. 

§3141.  (1)  A city  is  not  respon- 

sible for  injury,  either  to  person  or 
property,  resulting  from  the  negli- 
gence of  its  police  officer.  Jolly’s 
Administratrix  vs.  City  of  Hawes- 
ville,  89  Ky.  279,  n R.  477.  See 
Taylor  vs.  Owensboro,  17  R.  856; 
Bean  vs.  City  of  Middlesboro,  22  R. 
415. 

(2)  Informality  of  bond  given  “to 
the  city  of  Newport,”  not  naming 
the  Commonwealth  of  Kentucky  as 


§ 3H2 


City  Charter. 


85 


in  the  office  of  the  auditor.  Each  policeman  shall  give  such  bond 
as  may  be  prescribed  by  ordinance,  with  securities  satisfactory  to 
the  police  and  fire  commissioners,  for  the  faithful  discharge  of 
bis  duties.  No  person  convicted  of  felony  shall  be  eligible  as  a 
policeman.  (Policemen  to  execute  bond,  see  Sec.  3168.) 

§ 3142.  Chief  of  fire  department  — powers  and  duties 
— It  shall  be  the  duty  of  the  chief  of  the  fire  department  to  be 
present  at  all  fires,  and  investigate  the  cause  thereof,  and  may 
examine  witnesses,  compel  the  production  of  testimony,  admin- 
ister oaths,  make  arrests,  and  enter  any  building  for  the  purpose 
of  examination,  which,  in  his  opinion,  is  in  danger  from  fires ; and 
he  shall  report  his  proceedings  to  the  general  council  at  such  times 
as  may  be  required.  Said  chief  shall  direct  and  control  the  opera- 
tions of  the  firemen  at  all  times,  and  they  shall  obey  his  orders 
and  directions ; and  he  shall  have  full  access  to  and  use  of  all 
cisterns  and  fire-plugs,  and  of  the  waters  of  the  water-works,  or 
the  cisterns  of  private  persons,  for  the  purpose  of  extinguishing 
fires ; and  he  shall,  at  all  times,  have  access  to  and  right  to  exam- 
ine all  cisterns  and  all  plugs  and  pipes  of  the  water-works,  to  see 
that  the  same  are  in  proper  condition  for  use  in  case  of  fire ; and 
he  shall  have  full  control  of  all  buildings  belonging  to  the  fire 
department,  and  of  all  hose,  wagons,  engines,  horses  and  other 
appliances  and  apparatus  provided  for  said  department,  and  of 
the  firemen  at  all  times  in  the  discharge  of  their  duties ; and  he 
shall  perform  such  other  duties  not  herein  specifically  imposed  as 
general  council  shall,  by  ordinance,  prescribe. 


the  obligee  of  the  bond,  would  not 
prevent  recovery  thereon.  Connelly 
vs.  Am.  B.  & T.  Co.,  1 13  Ky.  903, 
24  R.  714. 

As  to  pleading,  etc.,  see  Connelly 
vs.  Am.  B.  & T.  Co.,  supra;  John- 
son vs.  Williams,  23  R.  658;  Finnell 
vs.  Bohannon,  19  R.  1587. 

§3142.  (1)  A city  corporation  is 

not  responsible  to  the  owner  of  prop- 
erty consumed  by  fire  on  the  ground 
that  it  failed  to  keep  cisterns  filled 
with  water,  fire  hooks,  etc.,  whereby 


a fire  might  have  been  extinguished. 
Patch  vs.  City  of  Covington,  17  B. 
Mon.  722 ; Sandusky  vs.  City  of  Cen- 
tral City,  22  R.  669. 

(2)  For  injuries  caused  by  the 
negligence  of  firemen,  appointed  and 
paid  by  the  city,  when  engaged  in 
their  line  of  duty,  the  city  of  Louis- 
ville, being  required  by  law  to  estab- 
lish and  maintain  a fire  department, 
is  not  liable.  Greenwood  vs.  Louis- 
ville, 13  Bush  226. 


86 


City  Charter. 


§ 3!42a 


§ 3142  a,  2.  Fire  department  under  control  oe  commis- 
sioners.— That  the  government,  administration,  disposition  and 
discipline  of  the  fire  department,  and  the  officers,  members  and 
employes  thereof,  shall  be  such  as  the  board  of  police  and  fire 
commissioners  may,  and  is  hereby  authorized,  from  time  to  time, 
by  rules,  orders  and  regulations  to  prescribe.  (First  section  is 
omitted  as  immaterial.) 

3.  Charges  against  members  heard  and  determined  by  com- 
missioners.— The  police  and  fire  commissioners  shall  have  power, 
and  it  is  authorized  to  adopt  rules  and  regulations  for  the  exam- 
ining, hearing,  investigation  and  determining  of  charges  made  or 
preferred  against  members  of  the  fire  department  or  employes 
thereof,  but  no  officer,  member  or  employe  thereof  shall  be  fined, 
reprimanded,  removed,  suspended  or  dismissed  from  the  fire 
department  until  written  charges  have  been  made  or  preferred 
against  him  or  them,  nor  until  such  charges  have  been  examined, 
heard  and  investigated  before  said  board  and  sustained. 

4.  Salaries  of  members  of  department. — The  said  fire  depart- 
ment shall  consist  of  one  chief,  whose  salary  shall  not  be  less  than 
one  hundred  and  fifty  dollars  per  month ; the  engineer’s  salary 
shall  be  eighty  dollars  per  month ; the  electrician’s  salary  shall  be 
seventy  dollars  per  month,  and  the  ordinary  fireman’s  salary  shall 
be  sixty-five  dollars  per  month. 

5.  Appointment  — qualifications  and  discipline. — The  man- 
ner of  the  appointment  of  the  said  members  of  the  fire  depart- 
ment and  their  qualifications,  and  control  and  discipline  of  said 
department,  is  not  intended  to  be  changed  by  this  act,  but  to  be 
controlled  by  the  rules  and  regulations  and  laws  as  heretofore. 

6.  Pension  fund  — trustees  of  — treasurer  and  secretary. — 
There  shall  be  organized  in  connection  with  said  department  a 
board,  to  be  known  as  the  board  of  trustees  of  the  firemen’s  pen- 


§ 3142  a.  (1)  Legislature  has  no 
power  to  fix  salaries  of  firemen  or 
other  municipal  employees ; this  act, 
so  far  as  it  undertakes  to  regulate 
salaries,  is  invalid.  City  of  Lexing- 
ton vs.  Thompson,  24  R.  324,  113 
Ky.  540 ; and  see  McDonald  vs.  City 


of  Louisville,  24  R.  271,  113  Ky.  425. 

(2)  Pension  fund  for  fireman,  see 
McDonald  vs.  City,  24  R.  271,  hold- 
ing a pension  act  for  first-class  cities 
unconstitutional,  in  so  far  as  it  un- 
dertook, without  consent  of  munici- 
pality, to  impose  a tax. 


§31420 


City  Charter. 


87 


sion  fund,  which  shall  be  composed  of  the  mayor  of  the  city,  chief 
of  the  fire  department  and  police  and  fire  commissioners,  and  said 
board  shall  select  from  their  number  a president.  The  city  treas- 
urer shall  be  ex-officio  treasurer  of  said  board,  and  the  funds 
coming  into  its  hands.  A secretary  shall  be  elected  by  ballot  by 
the  members  of  the  fire  department  for  a term  of  two  years,  said 
election  to  be  directed  by  proper  rules  of  said  board. 

7.  Taxes  for  — other  resources  — investment  of  fund  — 
trustees. — -There  shall  be  set  apart  by  the  general  council  each 
year  one-half  of  one  per  centum  of  the  general  tax  levy  received 
for  municipal  purposes  for  said  year  as  a fund  for  the  pensioning 
of  crippled  and  disabled  members  of  the  fire  department,  and  of 
the  widows  and  dependent  children  under  the  age  of  sixteen  years, 
and  dependent  fathers  and  mothers  of  deceased  members  of  the 
fire  department  of  said  cities,  and  all  moneys  withheld  from  the 
officers,  members  or  employes  of  the  fire  department  as  punish- 
ment for  any  breach  of  discipline,  misconduct,  or  violation  of  the 
rules  and  regulations  for  said  department,  shall  be  paid  into  said 
fund  each  month,  and  credited  upon  the  pay-roll  of  the  depart- 
ment, payable  to  said  fund  for  that  purpose ; and  all  fines  imposed 
by  the  board  of  police  and  fire  commissioners  upon  officers,  mem- 
bers or  employes  of  the  fire  department  by  way  of  discipline,  and 
collectible  from  pay  or  salary,  and  all  rewards,  fees,  proceeds  of 
gifts  and  emoluments  they  may  be  paid  or  given  on  account  of 
extraordinary  service  of  any  officer,  member  or  employe  of  the 
department,  and  all  moneys  received  for  penalties  under  the  pro- 
visions of  this  act,  shall  be  paid  into  the  treasury  to  the  credit  of 
the  firemen’s  pension  fund.  The  payment  so  made,  together  with 
the  tax  levy  aforesaid,  shall  constitute  and  be  kept  as  a fund,  to 
be  called  the  firemen’s  pension  fund,  and  the  said  board  hereto- 
fore designated  is  hereby  declared  to  be  the  trustee  of  said  fund, 
and  they  shall  have  power,  and  it  shall  be  their  duty,  from  time 
to  time,  to  invest  the  same,  in  whole  or  in  part,  as  they  shall  deem 
most  advantageous  for  the  obj  ects  of  the  said  fund ; and  they  are 
empowered  to  make  all  the  necessary  contracts  and  to  take  all  the 
necessary  remedies  in  the  premises. 

8.  Trustees  control  fund  — assessment  of  members  of  de- 
partment.— Said  board  shall  have  exclusive  control  and  manage- 


88 


City  Charter. 


3142a 


ment  of  the  said  fund,  and  all  moneys  donated,  paid  or  assessed 
for  the  relief  or  pensioning  of  disabled  members  of  the  fire  depart- 
ment, their  widows  and  dependent  children  under  the  age  of  six- 
teen years,  or  dependent  fathers  or  mothers,  and  shall  assess  each 
member  of  the  fire  department  one  per  centum  of  the  salary  of 
such  member,  to  be  deducted  and  withheld  from  the  monthly  pay 
of  each  member  so  assessed,  the  same  to  be  placed  by  the  treasurer 
of  such  city  to  the  credit  of  such  fund,  subject  to  the  order  of 
such  board. 

9.  Trustees  to  dispose  of  fund  — record  of  proceedings. — 
The  said  board  shall  have  all  needful  rules  and  regulations  for 
its  government  in  the  discharge  of  its  duties,  and  shall  hear  and 
decide  all  applications  for  relief  or  pensions  under  this  act,  and 
its  decisions  on  such  applications  shall  be  final  and  conclusive,  and 
not  subject  to  review  or  reversal  except  by  said  board,  and  a 
record  shall  be  kept  of  all  the  meetings  and  the  proceedings  of 
said  board. 

10.  Investment  of  fund  by  trustees. — The  said  board  of 
trustees  shall  have  the  power  to  draw  such  pension  fund  from 
the  treasury,  and  may  invest  the  same,  or  any  part  thereof,  in  the 
name  of  the  board  of  trustees  of  the  firemen’s  pension  fund  in 
interest-bearing  bonds  of  the  United  States,  or  die  State  of  Ken- 
tucky, or  any  city  of  the  first-class  in  the  State  of  Kentucky,  and 
all  such  securities  shall  be  deposited  with  the  treasurer  of  said 
city,  as  ex-officio  treasurer  of  said  board,  and  shall  be  subject  to 
the  order  of  said  board. 

1 1 . Interest  on  fund  - — limit  of  fund. — The  interest  received 
from  the  investment  of  said  sum  shall  be  applicable  to  the  pay- 
ment of  pensions  under  this  act,  and  it  shall  be  within  the  power 
of  the  board  of  trustees  to  diminish  and  adjust  the  annual  rate  or 
per  centum  authorized  by  this  act  to  be  set  apart  for  the  firemen’s 
pension  fund  from  the  general  tax  levy  for  municipal  purposes, 
so  that  the  income  from  interest,  percentage  of  the  salaries  of  the 
officers,  members  and  employes,  fines  and  other  moneys  received 
as  set  forth  herein,  shall  meet  the  requirements  of  the  pension  list 
as  provided  by  this  act ; Provided,  That  at  no  time  shall  the  fund 
exceed  two  hundred  thousand  dollars. 

12.  Retirement  of  disabled  firemen  — amount  of  pension. — 


§ 3I420 


City  Charter. 


89 


If  any  officer,  member  or  employe  of  the  fire  department,  while 
in  performance  of  his  duty,  become  or  shall  be  found,  upon  exami- 
nation by  a medical  officer,  ordered  by  said  board  of  trustees  to 
examine  said  officer,  member  or  employe,  to  be  physically  or  men- 
tally permanently  disabled  by  reason  of  service  in  such  depart- 
ment, so  as  to  render  necessary  his  retirement  from  service  in 
said  department,  said  board  of  trustees  shall  retire  such  disabled 
member  from  service  in  such  fire  department ; Provided,  No  such 
retirement  on  account  of  disability  shall  occur,  unless  said  mem- 
ber has  contracted  said  disability  while  in  the  service  of  said  fire 
department,  and  upon  such  retirement  the  board  of  trustees  shall 
order  the  payment  to  such  disabled  member  of  such  fire  depart- 
ment, monthly  from  such  pension  fund,  a sum  equal  to  one-half 
of  the  monthly  compensation  allowed  to  such  officer,  member  or 
employe  as  salary  at  the  date  of  his  retirement  If  any  member 
of  said  fire  department  shall,  while  in  the  performance  of  his 
duty,  be  killed  or  die  as  the  result  of  an  injury  received  in  the 
line  of  his  duty,  or  to  any  disease  contracted  by  reason  of  his 
occupation,  or  shall  die  from  any  cause  whatever  as  the  result  of 
his  service  in  said  department,  and  while  in  said  service,  and  shall 
leave  a widow,  or  child  or  children  under  the  age  of  sixteen  years, 
or  a dependent  father  or  mother  surviving,  if  said  member  was 
an  unmarried  man,  said  board  of  trustees  shall  direct  the  payment 
from  said  pension  fund,  monthly,  to  such  widow  while  unmar- 
ried of  thirty  dollars,  and  for  each  child  until  it  reaches  the  age 
of  sixteen  years,  six  dollars,  and  to  the  dependent  father  or 
mother,  if  said  deceased  member  was  unmarried  and  childless, 
thirty  dollars. 

13.  Deficiency  in  fund  — pro  rata  reduction. — If  at  any 
time  there  shall  not  be  sufficient  money  in  such  pension  fund  to 
pay  each  person  entitled  to  the  benefit  thereof  the  amount  per 
month  as  herein  provided,  then  an  equal  percentage  of  such 
monthly  payments  shall  be  made  to  each  beneficiary  until  the  said 
fund  shall  be  replenished  to  warrant  the  payment  in  full  to  each 
of  said  beneficiaries. 

14.  Retired  list  — amount  of  pension. — Any  member  of  the 
fire  department  of  such  cities  having  served  twenty  years  or  more 
in  such  fire  department,  of  which  the  last  two  years  shall  be 


90 


City  Charter. 


§ 3H20 


continuous,  may  make  application  to  be  relieved  from  such  fire 
department ; and  if  his  application  is  granted,  or  if  he  should  be 
discharged  from  such  department  for  disability  or  violation  of  the 
laws,  rules  or  regulations  of  said  board,  the  said  board  of  trustees 
shall  order  and  direct  that  such  persons  be  paid  a monthly  pension 
equal  to  one-half  the  amount  of  the  salary  said  person  is  or  was 
in  receipt  of  as  a member  of  said  department.  After  the  decease 
of  a member,  his  widow,  and  children  under  sixteen  years  of 
age,  or  dependent  father  or  mother,  if  any  survive  him,  shall  be 
entitled  to  the  pension  provided  for  in  this  act.  This  act  shall 
apply  to  all  persons  who  are  now  or  shall  hereafter  become  mem- 
bers of  any  organized  paid  fire  department  in  any  city  of  the 
second  class. 

15.  Funeral  expenses. — Whenever  an  active  or  retired  fire- 
man shall  die,  as  aforesaid,  the  board  of  trustees  may  appropriate 
from  the  fund  a sum  not  exceeding  one  hundred  dollars  to  the 
widow  or  family  for  funeral  expenses,  and  may  expend  a sum 
not  exceeding  fifty  dollars  for  the  expenses  of  the  attendance  of 
the  firemen  at  said  funeral. 

16.  Who  entitled  to  pension. — No  person  shall  be  entitled 
to  receive  any  pension  from  the  said  fund  except  a regularly 
retired  member  or  a regular  member  in  good  standing  in  said 
fire  department,  his  widow,  and  children  under  the  age  of  sixteen 
years,  and  his  dependent  father  or  mother. 

17.  Treasurer  — duties  and  bond  of. — The  treasurer  of  the 
board  of  trustees  shall  be  the  custodian  of  said  pension  fund,  and 
shall  secure  and  safely  keep  the  same,  subject  to  the  control  and 
direction  of  the  board,  and  shall  keep  his  books  and  accounts  con- 
cerning said  fund  in  such  manner  as  may  be  prescribed  by  the 
board,  and  the  said  books  and  accounts  shall  always  be  subject 
to  the  inspection  of  the  board  or  any  member  thereof.  The  treas- 
urer shall,  within  ten  days  after  his  election  or  appointment,  exe- 
cute a bond  to  the  city,  with  good  and  sufficient  surety,  in  such 
penal  sum  as  the  board  shall  direct,  to  be  approved  by  the  board, 
conditioned  for  the  faithful  performance  of  the  duties  of  his  office, 
and  that  he  will  safely  keep  and  well  and  truly  account  for  all 
moneys  and  properties  which  may  come  into  his  hands  as  such 


§ 31420 


City  Charter. 


9i 


treasurer,  and  that  upon  the  expiration  of  his  term  of  office  he 
will  surrender  and  deliver  to  his  successor  all  bonds,  securities, 
and  all  unexpended  moneys  or  other  properties  which  may  have 
come  into  his  hands  as  treasurer  of  said  fund.  Said  bond  shall 
be  filed  in  the  office  of  the  comptroller  as  other  bonds,  and  may 
be  sued  on  in  the  name  of  said  city  or  said  board  to  the  use  of 
said  board,  or  any  person  or  persons  injured  by  a breach  thereof. 

18.  Warrants  drawn  on  city  for  fund. — It  shall  be  the  duty 
of  such  officer  or  officers  of  the  city  as  are  designated  by  law  to 
draw  warrants  on  the  treasurer  of  said  city,  on  request  in  writing 
by  said  board  of  trustees,  to  draw  warrants  on  the  treasurer  of 
said  city,  payable  to  the  treasurer  of  said  board  of  trustees  for  all 
funds  belonging  to  said  pension  fund  as  aforesaid. 

19.  Payment  of  pension  fund. — All  moneys  ordered  to  be 
paid  from  said  pension  fund  to  any  person  or  persons  shall  be 
paid  by  the  treasurer  of  the  board  of  trustees  only  upon  warrants 
signed  by  the  president  of  said  board  and  countersigned  by  the 
secretary  thereof,  and  no  warrants  shall  be  drawn  except  by  order 
of  the  board  after  having  been  duly  entered  on  the  records  of  the 
proceedings  of  the  board. 

20.  Reports  by  trustees  to  council. — The  board  of  trustees 
shall  make  a report  to  the  general  council  of  said  city  of  the  con- 
dition of  said  pension  fund,  on  the  first  meeting  night  in  January 
in  each  and  every  year. 

21.  Exemption  of  fund  from  legal  process. — No  portion  of 
said  pension  fund  shall,  before  or  after  its  order  for  distribution 
by  the  board  of  trustees  to  the  persons  entitled  thereto,  be  held, 
seized,  taken,  subject  to  or  detained  or  levied  upon  by  virtue  of 
any  attachment,  execution,  injunction,  writ,  interlocutory  or  other 
order  or  decree,  or  any  process  or  proceeding  whatever  issued  out 
of  or  by  any  court  of  this  State  for  the  payment  or  satisfaction, 
in  whole  or  in  part,  of  any  debt,  damage,  claim,  demand  or  judg- 
ment against  the  beneficiary  of  said  fund ; but  the  said  fund  shall 
be  held  and  distributed  for  the  purposes  of  this  act,  and  for  no 
other  purpose  whatever.  ( This  section  is  an  act  of  March  15, 
1 poo;  the  numbers  of  the  sub-sections  are  the  numbers  of  the 
sections  of  act.) 


92 


City  Charter. 


§§  3143. 3144 


(g)  Commissioners  of  Water-Works. 

§ 3143.  Appointment  — members  — qualifications  — 
bond  — powers  and  duties  - — treasurer. — In  such  cities  of  the 
second  class  as  own  a water-works  system  there  shall  be  a board, 
to  be  styled  “The  Commissioners  of  Water-works,”  to  be  com- 
posed of  three  members  appointed  by  the  mayor,  subject  to  the 
approval  of  the  board  of  aldermen.  They  shall  have  the  quali- 
fications required  for  aldermen,  their  terms  of  office  shall  be  three 
years  and  until  their  successors  are  appointed  and  qualified,  except 
that  the  members  first  appointed  under  this  act  shall  be  appointed 
for  one,  two  and  three  years,  respectively,  and  thereafter  one 
member  shall  be  appointed  each  year  for  a term  of  three  years. 
The  first  appointments  of  said  commissioners  shall  be  made  in 
May,  1894.  Said  commissioners  shall  give  bond  for  the  faithful 
performance  of  their  duties  in  the  sum  of  $5,000,  and  they  shall 
be  paid  such  compensation  as  the  general  council  may  fix,  not 
exceeding  $500  per  annum,  nor  less  than  $300  each  per  annum. 
Said  commissioners  shall  control  and  manage  the  water-works 
and  water  system  of  the  city,  subject  to  such  regulations  and 
limitations  as  the  general  council  may,  by  ordinance,  provide ; 
they  may  appoint  and  remove  a superintendent,  secretary  and 
other  necessary  employes,  and  allow  them  such  compensation  as 
the  general  council  may  approve.  They  shall  make  full  monthly 
reports  to  the  general  council  of  the  operation  and  condition  of 
the  water-works  or  water  system  of  the  city,  including  all  receipts, 
expenditures,  repairs  and  work  connected  therewith.  The  city 
treasurer  shall  be  ex-officio  treasurer  of  said  board.  Two  mem- 
bers of  said  board  shall  constitute  a quorum  for  the  transaction 
of  all  business  of  the  board.  (Section  as  amended  by  act  of 
March  15,  1898.) 

(h)  City  Engineer . 

§ 3144.  Election  — qualifications  and  term  — salary 
— duties  — certificate  of  competency. — There  shall  be  elected 


§3143.  (1)  The  “Commissioners  Commonwealth,  106  Ky.  434,  21  R. 

of  Water  Works”  are  not  a body  42. 

corporate,  but  merely  a department  § 3144.  (1)  The  exercise  of  the 
of  the  city.  City  of  Newport  vs.  power  of  the  city  council  to  deter- 


1 31440 


City  Charter. 


93 


by  the  qualified  voters  of  the  city,  a city  engineer,  who  shall  hold 
his  office  for  four  years,  and  until  his  successor  is  elected  and 
qualified.  He  shall  be  not  less  than  twenty-five  years  of  age  and 
an  elector  of  the  city.  His  duties  and  salary  shall  be  such  as  the 
general  council  may  prescribe  by  ordinance ; the  general  council 
may,  before  he  enters  upon  the  discharge  of  his  duties,  require 
that  he  shall  obtain  a certificate  of  competency  in  all  branches  of 
civil  engineering  relating  to  the  duties  of  his  office  from  three 
expert  civil  engineers,  selected  by  the  general  council.  ( Candi- 
date for  civil  engineer  must  have  certificate  of  competency , see 
Sec.  3173.) 

§31440,  Duties  of  engineer  — assistant  — salaries. — 
The  duties  of  the  city  engineer  shall  be  to  supervise  all  work 
which  is  done  by,  for  or  on  account  of  the  city  which  properly 
comes  within  his  department,  and  he  shall  recommend  to  the  gen- 
eral council  the  employment  of  such  labor  and  the  purchase  of 
such  material,  in  the  performance  of  his  duties,  as  he  may  deem 
necessary  for  the  best  interests  of  the  city.  All  work  of  a public 
character  shall  be  inspected  by  him,  as  well  as  all  materials  used 
in  such  work,  and  both  the  work  done  and  materials  used  shall 
be  accepted  by  him.  He  may  select  an  assistant,  provided  said 
office  of  assistant  has  been  or  may  be  created  by  ordinance,  who 
shall  serve  during  his  term  of  office,  whose  duties  shall  be  to  keep 
a record  of  all  transfers  of  real  estate,  on  a block  map  to  be  kept 
by  the  city,  and  to  render  such  assistance  to  the  city  engineer  as 
may  be  necessary,  and  as  he  may  be  directed  by  the  engineer  to 
perform.  The  salary  of  the  engineer  shall  be  fixed  by  the  general 
council,  and  shall  not  be  less  than  eighteen  hundred  nor  more  than 
twenty-four  hundred  dollars  per  annum.  The  salary  of  the  deputy 
shall  be  likewise  fixed,  and  shall  not  be  less  than  six  hundred 
dollars  per  annum  nor  more  than  twelve  hundred  dollars  per 
annum.  So  much  of  said  section  [3144]  as  may  be  in  conflict 


mine  the  necessity  of  street  improve- 
ments can  not  be  delegated  to  the 
city  engineer.  Murray  vs.  Tucker, 
73  Ky.  (10  Bush)  240.  As  to  dele- 
gation of  powers  to  city  engineer, 


see  further,  Hydes  vs.  Joyes,  67  Ky. 
464;  City  of  Henderson  vs.  Brown, 
7 R.  609;  Keller  vs.  Gleason,  15  R. 
445- 


94 


City  Charter. 


§ 3145. 3146 


herewith  is  hereby  repealed.  (This  section  is  an  act  of  March  18, 
1902,  purporting  to  amend  Sec.  3144.) 

(i)  City  Jailer. 

§ 3145.  Election  — qualification  — term  — deputy  — 
salaries  — duties. — There  shall  be  elected  by  the  qualified  voters 
of  the  city  a city  jailer,  who  shall  be  not  less  than  twenty-five 
’years  of  age  and  an  elector  of  the  city.  He  shall  hold  his  office 
for  four  years  and  until  his  successor  is  elected  and  qualified. 
He  shall  perform  such  duties  as  the  general  council  may,  by  ordi- 
nance, prescribe.  His  compensation  for  said  duties  shall  not  be 
less  than  one  thousand  five  hundred  dollars,  nor  shall  it  exceed 
two  thousand  five  hundred  dollars  per  annum  The  city  jailer 
shall  be  furnished  a deputy  by  the  city.  Said  deputy  shall  be 
appointed  by  the  city  jailer.  Said  deputy  shall  perform  such 
duties  as  the  general  council  may,  by  ordinance,  prescribe.  His 
compensation  for  said  duties  shall  not  be  less  than  nine  hunderd 
dollars,  nor  shall  it  exceed  one  thousand  two  hundred  dollars 
per  annum.  All  the  property,  machinery  and  equipments  of  the 
city  jail  shall  be  under  the  immediate  control  of  the  city  jailer. 
(Section  as  amended  by  act  of  March  6,  1902  ) 

Subdivision  VI. — Judicial  Department. 

§ 3146.  Police  court  — judge  — election  — qualifica- 
tion — salary. — There  shall  be  established  in  and  for  each  city 


§ 3145.  (1)  Right  of  the  Legisla- 

ture to  fix  salary  upheld  in  case 
under  this  section  on  the  ground 
that  the  office  of  jailer  is  one  estab- 
lished for  governmental  purposes. 
City  of  Paducah  vs.  Evitts,  27  R.  867. 

Under  the  provision  of  this  sec- 
tion, that  the  jailer  “shall  perform 
such  duties  as  the  general  council 
shall  by  ordinance  prescribe,”  an  or- 
dinance providing  the  jailer  shall 
perform  the  duties  of  janitor  of  city 
hall,  etc.,  is  valid.  Id.  An  ordi- 
nance denying  him  a deputy  jailer, 
to  that  extent  invalid.  Id. 


(2)  Under  Kentucky  Statutes, 
§ 2228,  city  prisoners  may  be  con- 
fined in  county  jail — payment  of  reg- 
ular fees — county  has  no  right  to 
exact  pay.  Mason  County  vs.  City 
of  Maysville,  19  R.  400. 

(3)  County  jailer  compelled  to 
accept  prisoner  from  police  court, 
though  commitment  should  have 
been  to  city  workhouse  — liability 
for  keep,  under,  Kentucky  Statutes, 
§ 1730.  City  of  Lexington  vs.  Gen- 
try, 25  R.  738. 

§3146.  (1)  Person  appointed  to 

fill  vacancy  caused  by  death  of  judge 


§§3147.3148 


City  Charter. 


95 


of  the  second  class  a court,  to  be  called  the  police  court,  to  be  pre- 
sided over  by  one  judge,  to  be  elected  as  hereinafter  provided,  who 
shall  receive  for  his  services  such  salary  as  the  general  council 
shall  fix  by  ordinance;  and  said  judge  shall  not  receive  any  other 
compensation  from  any  source.  No  person  shall  be  eligible  to  the 
office  of  police  judge  who,  at  the  time  of  election,  is  not  twenty- 
five  years  of  age,  a resident  of  the  city  for  four  years.  This  shall 
not  apply  to  present  incumbents  nor  to  police  judges  elected  in 
November,  1893.  ( Vacancy , how  filled,  Sec.  3758,  Ky.  St.) 

§3147.  Jurisdiction  oe  poeice  court. — Said  court  shall 
have  exclusive  original  jurisdiction  in  all  prosecutions  for  the  vio- 
lation of  the  ordinances  of  the  city,  and  jurisdiction  concurrent 
with  the  circuit  court  and  justices  of  the  peace  of  all  pleas  of  the 
Commonwealth  arising  within  the  limits  of  the  city,  except  cases 
of  felony;  and  said  court  shall  have  power  and  authority  to  take 
recognizances  from  persons  charged  with  offenses  recognizable 
before  said  court,  to  appear  and  answer  the  same  as  the  circuit 
courts  have,  and  a like  power  to  enforce  compliance  with  the 
same,  and  as  to  committing  criminal  offenders  and  sending  them 
on  for  trial.  Said  court  shall  have  all  power  given  by  the  general 
law  to  examining  courts. 

§3148.  Petit  earceny  and  vagrancy  — jurisdiction. — 
Said  court  shall  have  jurisdiction  of  all  cases  of  petit  larceny  and 
vagrancy  arising  in  said  cities  respectively,  and  the  justices  of  the 
peace  are  hereby  required  to  make  the  recognizances  of  all  per- 
sons charged  with  being  vagrants  or  with  petit  larceny  within  said 


elected  in  1893  is  entitled  to  same 
fees  as  predecessor.  Stone  vs.  Fal- 
coner, 21  R.  1216. 

(2)  In  towns  of  fourth  class,  as 
to  fees  for  examining  trial,  see 
Thomas  vs.  Hagar,  Auditor,  27  R. 
813.  See  also  Wadsworth  vs.  City, 
24  R.  312. 

§ 3147.  ( 1 ) Circuit  court  has  con- 
current jurisdiction  with  the  police 
court  of  offenses  committed  in  the 
city  when  the  offense  is  punishable 
at  common  law  or  under  the  statute, 


although  the  city  has  an  ordinance 
punishing  the  offense.  Common- 
wealth vs.  Hunter,  19  R.  1109. 

(2)  That  part  of  this  section  that 
gives  jurisdiction  in  excess  of  that 
of  j ustice  of  the  peace  is  void.  Stone 
vs.  City  of  Paducah,  27  R.  717. 

(3)  See  Notes  4,  5,  7 and  8,  § 3058, 
Sub-section  23. 

§3148.  (1)  This  section  is  void; 

violates  Constitution,  §§  142,  143, 
Kentucky  Statutes,  § 1093 ; Stone  vs. 
Paducah,  27  R.  717. 


96 


City  Charter. 


§3149.3150 


several  cities  returnable  to  the  police  court  instead  of  the  circuit 
court,  and  upon  conviction  of  vagrancy  or  petit  larceny,  the  person 
so  convicted  shall  be  sent  to  labor  in  the  city  prison  or  work-house 
for  not  less  than  three  nor  more  than  twelve  months ; presentment 
or  indictment  by  a grand  jury  shall  not  be  necessary  in  cases  of 
vagrancy  or  petit  larceny,  but  the  person  charged  with  either  of 
these  offenses  may  be  arrested  on  warrant  and  tried  by  the  police 
judge,  and  if  found  guilty,  convicted  by  him.  Women  may  be  so 
tried  and  convicted  on  the  charge  of  being  vagrants.  ( For  va- 

grancy, see  chap.  55,  Acts  1904.) 

§ 3149.  Riots,  routs  and  unlawful  assemblies  — juris- 
diction— arrest  oE  oEEenders. — The  jurisdiction  of  the  police 
judge  shall  extend  to  all  cases  of  riots,  routs  or  unlawful  assem- 
blies within  the  city.  Whenever  said  judge  shall  be  advised  or 
receive  information  on  oath  of  any  rout  or  unlawful  assemblies 
of  people,  for  the  purpose  of  gaming  or  any  other  unlawful  pur- 
pose whatever,  it  shall  be  lawful  for  him  to  issue  his  warrant  to 
arrest  all  such  offenders,  directed  to  the  sheriff  or  any  constable 
of  the  county,  or  the  police  of  the  city,  and  if  no  officer  be  at  hand 
to  serve  such  warrant,  then  to  such  discreet  persons  as  said  judge 
shall  appoint,  returnable  before  some  justice  of  the  peace  of  the 
county,  on  which  warrant  it  shall  be  the  duty  of  the  officer  or 
other  person  to  arrest  and  bring  before  said  justices  of  the  peace 
of  the  county  all  persons  who  shall  be  found  so  assembled,  to  be 
dealt  with  by  the  justices  according  to  law;  and  it  shall  be  the 
duty  of  the  citizens  of  the  city  and  county  to  attend  the  officer 
or  other  person,  if  they  should  be  thereunto  summoned,  to  aid 
and  assist  in  arresting  the  persons  so  found  guilty  of  infracting 
the  law. 

§ 3150.  Places  and  times  oe  holding  court  — courts  oe 
record  — seal. — Said  court  shall  be  holden  at  such  places  as  the 
general  council  shall  designate,  or  they  failing  to  designate  a place, 
at  such  places  as  the  judge  shall  select;  and  the  judge  shall  have 
power  to  fix  such  time  for  the  holding  of  his  court  as  in  his  dis- 
cretion the  cases  coming  before  him  for  trial  may  seem  to  him  to 
require.  Said  court  shall  be  a court  of  record  and  shall  have  a 
seal,  which  shall  be  in  the  custody  of  the  judge  or  the  clerk  of 


§§  3151— 3153 


City  Charter. 


97 


the  court,  to  be  used  and  affixed  by  said  judge  or  clerk,  as  the 
seals  of  the  circuit  court  are. 

§ 3151.  Prisoners  to  be  confined  in  jaie. — That  all  per- 
sons committed  by  said  court  for  default  of  surety  for  good 
behavior  or  to  keep  the  peace,  and  all  others  whom  the  city  is 
bound  to  maintain  when  committed  to  jail,  shall  be  confined  in 
the  city  work-house  or  prison,  and  they  may  be  compelled  to 
labor  as  many  days,  at  such  sum  per  day,  as  may  be  necessary  to 
defray  the  reasonable  cost  of  their  board,  to  be,  from  time  to  time, 
determined  by  the  mayor  and  general  council 

§ 3152.  Recognizances  — how  taken  and  when  return- 
able— examining  court. — That  all  recognizances  taken  by  the 
judge  of  the  police  court,  when  the  day  is  given  for  the  appear- 
ance of  the  party,  except  in  cases  in  which  he  has  jurisdiction  to 
try  the  matter,  shall  be  for  the  appearance  in  the  circuit  court ; 
and  all  recognizances,  those  above  excepted,  shall  be  conducted 
as  recognizances  taken  and  returnable  by  magistrates.  The  said 
judge,  on  the  examination  of  criminal  offenders,  shall  make  out 
and  sign  a statement  of  the  evidence,  and  shall  recognize  the 
witnesses,  and  shall  return  the  statement  of  the  evidence  and  the 
recognizances  to  the  clerk  of  the  circuit  court. 

§ 3 1 53*  Judgment  for  costs  restricted. — No  judgment 
for  costs  shall  be  rendered  in  favor  of  the  city  for  a greater 
amount  than  the  fine,  unless  the  judge  of  the  police  court  shall 
be  of  the  opinion  that  a judgment  for  full  costs  shall  be  rendered 
against  the  offender,  and  shall  so  certify  on  the  record. 


§3151.  (1)  In  City  of  Hopkins- 

ville vs.  Boyd,  keeper  of  workhouse, 
101  Ky.  664,  it  was  held  that  a sec- 
tion of  charters  of  cities  of  the 
fourth  class  similar  to  this  was  not 
inconsistent  with  § 1377  of  the  Ken- 
tucky Statutes,  which  provides  “that 
the  jury,  if  the  defendant  is  a male, 
may  provide  in  their  verdict  that  the 
defendant  shall  work  at  hard  labor,” 
and  that  a female  defendant  may  be 
sent  to  the  workhouse  and  com- 


pelled to  work  there.  See  also  City 
of  Lexington  vs.  Gentry,  25  R.  738, 
Note’  3,  §3145. 

(2)  This  section  includes  idiots, 
insane  persons  and  inebriates ; but 
these  persons  can  not  be  compelled 
to  labor,  for  such  would  be  involun- 
tary servitude  and  in  violation  of 
both  State  and  Federal  Constitu- 
tions. Stone,  etc.,  vs.  Paducah,  27 
R.  717. 


(7  N) 


98  City  Charter.  §§  3154 — 3160 


§ 3154.  Witness  and  jury  EEES. — The  general  council  shall 
have  power,  by  ordinance,  to  fix  and  regulate  witness  and  jury 
fees  in  the  said  police  court ; Provided , That  said  fees  shall  not 
exceed  those  allowed  by  law  in  the  justice’s  court. 

§3155.  Fines  and  costs  eor  benefit  of  city. — All  fines 
and  penalties  and  costs  collected  in  the  police  court  shall  be  for 
the  use  and  benefit  of  the  city,  and  the  officer  collecting  such  fines 
and  penalties  shall  make  daily  reports  of  such  collections  to  the 
treasurer,  taking  duplicate  receipts  therefor,  one  of  which  shall  be 
delivered  to  the  auditor. 

§ 3156.  Process- — how  issued  and  to  whom  directed. — 
Said  court  may  award  all  process,  original,  mesne  and  final,  that 
may  be  deemed  necessary  and  proper  for  the  due  distribution  of 
justice  within  its  jurisdiction.  Said  process  may  be  directed  to 
and  executed  by  the  chief  of  police,  or  any  policeman  or  any 
sheriff  or  constable  within  the  State. 

§ 3157.  Clerk  — judge  to  act  as,  except. — The  judge  of 
the  police  court  shall  act  as  the  clerk  of  his  own  court,  unless 
otherwise  provided  by  ordinance,  or  may  appoint  a clerk  for  his 
court.  The  city,  however,  shall  not  be  liable  for  the  compensation 
of  such  clerk  if  so  appointed. 

§ 3158.  Court  always  open  — cases,  how  set  — process 
— - Said  court  shall  always  be  open  for  the  trial  of  causes  and 
hearing  of  complaints,  and  may  set  cases  for  particular  days, 
and  may  make  process  returnable  to  any  day  within  named  or 
forthwith,  when  the  nature  of  the  case  may  so  require. 

§ 3159.  Recognizances  for  appearance  and  to  keep  the. 
peace. — Said  court  shall  have  power  to  take  recognizances  for 
the  appearance  in  said  court  of  persons  charged  with  offenses 
recognizable  in  said  court ; also  recognizances  to  keep  the  peace 
and  be  of  good  behavior  for  the  period  of  one  year. 

§ 3160.  Jury — when  allowed — six  jurors.— Said  judge,. 


§3156.  (1)  Constitution,  §123, 

providing  that  all  prosecutions  shall 
be  in  name  and  by  the  authority  of 
the  Commonwealth  of  Kentucky, 
does  not  preclude,  in  cities  of  the 
first  class,  a prosecution  in  a munici- 


pal court,  in  the  name  of  the  city,, 
for  the  violation  of  an  ordinance. 
City  of  Louisville  vs.  Wehmhoff,  25. 
R.  995. 

§3160.  (1)  A denial  of  trial  by 

jury  where  penalty  is  $25  or  less  is-. 


§§3161—3163 


City  Charter. 


99 


in  all  causes  tried  before  said  court,  may  empanel  a jury,  and 
where  the  punishment  may  be  a fine  of  $25  or  more,  or  imprison- 
ment in  the  jail  or  work-house,  other  than  the  commutation  of  a 
fine,  the  defendant  or  accused  may,  at  or  before  the  cause  is  called 
for  trial,  but  not  afterwards,  demand  a jury,  who  shall  try  the 
facts  and  be  governed  by  the  instructions  of  the  court  as  to  the 
law ; and  in  all  other  cases  the  j udge  shall  try  and  determine  both 
the  law  and  facts.  A jury  in  said  court  shall  consist  of  six  jurors, 
who  shall  be  summoned  by  the  chief  of  police  or  police  officer 
under  his  direction.  They  shall  have  the  same  qualifications  as 
are  required  of  jurors  in  the  circuit  court,  and  the  court  shall 
have  the  same  power  to  hold  or  excuse  their  attendance  that 
circuit  courts  have. 

§ 3161.  Policemen  oeeicers  oe  the  court  — attendance. 
— All  regular  policemen  of  the  city  shall  be  officers  of  the  said 
court,  and  the  chief  of  police,  or  some  policeman  delegated  by 
him,  shall  be  in  constant  attendance  upon  the  sessions  of  the  said 
court,  and  subject  to  its  order. 

§3162.  Costs  — commitment  eor  non-payment  — col- 
lection.— Said  court  may  assess,  in  addition  to  fine  or  imprison- 
ment, any  sum  in  his  discretion,  not  exceeding  three  dollars,  as 
costs  against  any  defendant  when  convicted  of  any  offense  for 
which,  if  not  paid,  the  defendant  shall  be  committed  to  imprison- 
ment in  jail  or  work-house,  as  in  case  of  fines  All  fines,  costs  and 
forfeitures  shall  be  collected  by  the  chief  of  police  and  paid  into 
the  city  treasury,  and  duplicate  receipt  shall  be  given  therefor, 
one  of  which  shall  be  filed  with  the  city  auditor. 

§ 3163.  Replevin  bond  enforced  by  proceedings  for  con- 
tempt.— The  city  judge  shall  keep  a register  of  all  replevin  bonds 
taken  by  the  court,  and  as  soon  as  replevin  bonds  fall  due,  he  shall 
notify  the  principal  or  sureties  of  its  maturity,  and  if  the  same 
are  not  immediately  paid,  he  may  enforce  the  payment  thereof 
against  any  or  all  of  said  persons  by  proceeding  as  for  contempt. 


not  unconstitutional.  Labor  penal- 
ties may  be  inflicted  on  persons  con- 
victed of  misdemeanors.  Stone  vs. 
Paducah,  27  R.  717.  See  also  City 
vs.  Holly,  22  R.  358. 


§3162.  (1)  Offender  may  be  im- 

prisoned for  costs  as  well  as  fine 
where  authorized  by  city  charter. 
Berry  vs.  Brislan,  86  Ky.  5,  9 R.  223. 


IOO 


City  Charter. 


§§3164—3166 


§3164.  Territorial  jurisdiction  — Ohio  and  Licking 
rivers. — The  territorial  jurisdiction  of  the  said  court  shall  be 
co-extensive  with  the  corporate  limits  of  the  said  several  cities; 
and  said  court,  in  cities  bordering  on  the  Ohio  river,  shall  have 
jurisdiction  over  said  river  opposite  to  the  city  to  low-water  mark 
on  the  Ohio  side,  and  in  cities  on  the  Licking  river  over  said 
Licking  river  to -the  opposite  shore. 

§ 3165.  City  attorney — election  and  term  oe  oeeice  — 
duties. — There  shall  be  elected  by  the  qualified  voters  of  the  city 
a city  attorney,  who  shall  hold  his  office  for  four  years.  The  city 
attorney  shall  appear  for  the  city  in  all  cases  in  the  police  court, 
and  prosecute  or  defend  in  behalf  of  the  city  all  appeals  from  the 
decisions  of  the  said  court  in  which  the  city  may  be  a party,  or 
is  in  any  way  interested  ; and  shall  perform  such  other  duties  as 
the  general  council  may  prescribe  by  ordinance,  and  such  as  may 
be  required  of  him  by  the  city  solicitor. 

§3166.  City  solicitor — election  and  term  oe  oeeice — 
qualifications — duties. — A city  solicitor  shall  be  elected  for  a 
term  of  four  years.  He  shall  be  a regularly  admitted  and  prac- 
ticing attorney-at-law.  He  shall  appear  for  the  city,  and  attend 
to  all  cases  in  the  circuit  court  and  Court  of  Appeals,  wherein  the 
city  may  be  a party  complainant  or  defendant,  or  a party  in  inter- 
est ; he  shall  give  advice  to  any  and  all  city  officials,  and  to  the 
general  council,  and  shall  attend  the  meetings  of  both  boards  of 
the  general  council,  or  of  any  committee  thereof,  when  requested ; 
and  shall  supervise  the  preparation  of  all  contracts  to  which  the 


§3165.  (1)  The  city  attorney  of 

a city  of  the  first  class  has  no  power 
to  compromise  claims  for  taxes 
either  before  or  after  suit  is  brought. 
City  of  Louisville  vs.  Louisville  Ry. 
Co.,  hi  Ky.  1,  23  R.  390. 

Council  in  cities  of  first  class  can 
not  control  his  action  in  reference 
to  litigation  properly  placed  in  his 
hands.  Id. 

(2)  An  agreement  by  city  that  a 
suit  involving  the  right  of  the  city 


to  collect  a tax  shall  abide  the  re- 
sult of  another  suit,  to  which  the 
city  is  not  a party  and  of  which  it 
has  no  control,  does  not  bind  it,  as 
the  power  of  taxation  is  a sovereign 
power,  and  can  not  be  lost  in  this 
way.  Board,  etc.,  vs.  Deposit  Bank, 
22  R.  1384,  466. 

See  also  Long  vs.  L.  & N.  Ry.  Co., 
21  R.  463,  cited  in  note  2 § 3858, 
Sub-section  26. 


§§  3!67>3i68 


City  Charter. 


ioi 


city  may  be  a party,  and  perform  such  other  duties  as  may  be 
prescribed  by  ordinance.  ( Office  may  be  abolished,  Sec.  31/ 1.) 

§ 3167.  Salaries  oe  solicitor  and  attorney.— The  city 
solicitor  and  city  attorney  shall  be  paid  such  salaries  as  the  general 
council  shall  deem  proper. 

§ 3168.  Chiee  oe  police  to  attend  council  and  police 
court  — bond — duties  — liabilities. — The  chief  of  police  shall, 
by  himself,  or  any  policeman  acting  under  his  authority,  attend 
all  the  sessions  of  council  and  of  the  police  court,  execute  the 
orders  thereof,  and  preserve  order  thereat.  He  shall,  by  him- 
self, or  policeman  acting  under  his  authority,  execute  all  orders 
emanating  from  the  police  court  directed  to  him.  He  shall  col- 
lect the  fees  of  the  judge  of  the  police  court  and  of  the  mayor,  if 
required.  He  and  policemen  acting  under  him  shall  execute  such 
bond,  with  such  surety  as  may  be  required  by  ordinance,  to  the 
city,  conditioned  that  they  will  faithfully  perform  all  the  duties 
of  their  office,  and  pay  over  all  sums  of  money  that  may  come 
into  their  hands  to  the  persons  entitled  thereto ; and  a lien  shall 
exist  on  the  lands  of  the  chief  of  police  or  policeman  deputized 
by  him  and  their  sureties,  and  from  the  time  of  executing  bond, 
for  all  sums  of  money  that  shall  come  into  their  hands.  He  shall 
be  entitled  to  receive  the  same  fees  for  the  use  of  the  city,  for  like 
services,  which  sheriffs  are  entitled  to  receive,  and  have  the  same 
power  to  collect  them.  He  and  policemen  deputized  by  him,  and 
all  others  to  whom  the  process  of  the  police  court  shall  be  directed 
and  come  for  execution,  shall  be  bound  to  execute  and  return  the 
same  within  the  time  prescribed  by  law  for  sheriffs  to  execute 
and  return  similar  processes,  and  on  their  failure  they  and  their 
sureties  shall  be  liable  to  the  same  fines  and  penalties  that  sheriffs 
are,  and  also  for  not  paying  over  moneys  collected  on  execution, 
and  for  making  illegal  charges  for  false  returns  and  other  illegal 
acts ; and  said  court  shall  have  power  to  hear  and  determine 
motions  against  them  and  their  sureties  for  failure  to  pay  over 
said  moneys  so  collected,  in  like  manner  as  the  circuit  court  has 
power  and  jurisdiction  to  hear  and  determine  motions  against 
defaulting  sheriffs,  or  to  proceed  by  fines  and  imprisonment  to 
enforce  the  due  execution  and  return  of  process  as  other  courts 
require. 


102 


City  Charter. 


§.§  3169—3172 


§ 3169.  Attachment  on  return  of  "not  found"  or  "no 
property." — That  a return  of  "not  found"  on  a capias  pro  fine, 
and  of  no  property  found  on  a fieri  facias  issued  on  judgments  in 
the  said  court,  shall  authorize  an  attachment  out  of  chancery  in 
favor  of  the  Commonwealth  or  the  city  against  the  choses  in 
action  and  effects  of  the  defendant  or  defendants  in  the  same 
manner  that  the  return  of  no  property  authorizes  an  attachment 
on  judgments  in  the  circuit  court. 

§3170.  Judge  pro  tempore  of  poeice  court  — mayor. — 
That  in  the  absence  of  the  police  judge  of  the  city  at  any  session 
of  the  police  court,  or  if  in  any  case  it  may  not  be  proper  for  him 
to  sit,  the  mayor  of  the  city  may  act  in  his  stead,  and  in  the 
absence  of  both  the  police  judge  and  the  mayor,  or  if  in  any  case 
it  may  not  be  proper  for  either  of  them  to  sit,  the  members  of  the 
bar  present  may  elect  one  of  their  number  to  act  as  police  judge 
pro  tempore,  and  the  mayor  or  such  person  so  selected,  as  the 
case  may  be,  shall  have  the  same  judicial  authority  and  exercise 
the  same  judicial  powers,  for  the  time  being,  as  are  possessed  and 
exercised  by  the  police  judge  under  this  act.  Such  pro  tempore 
judge  shall  be  paid  the  same  salary  for  the  time  he  acts  as  is 
allowed  by  law  to  the  regular  judge,  to  be  deducted  from  the 
salary  of  such  regular  judge. 

§ 3171.  Office  of  solicitor  may  be  abolished. — By  ordi- 
nance the  general  council  may  provide  that  the  office  of  city  solic- 
itor shall  be  abolished,  and  thereupon  the  duties  of  the  city  solicitor 
shall  be  performed  by  the  city  attorney. 

Subdivision  VII. — Elections. 

§3172.  Officers  and  members  of  council  — election 
AND  TERMS  OF  OFFICE — WHO  QUALIFIED  voter  — OFFICES  THAT 
may  be  abolished  or  re-created. — All  offices  created  by  laws 
in  force  prior  to  this  act  taking  effect,  not  herein  expressly  pro- 


§ 3172.  (1)  Mayors  of  cities  of  the  son,  97  Ky.  707 ; Duncan  vs.  Simrall, 

second  class  elected  in  1893  were  19  R.  1672. 

elected  for  a term  of  two  years,  and  (2)  Cities  of  second  class  are  lim- 
election  held  under  this  section  in  ited  in  the  creation  of  offices  to  such 
1895  is  valid.  Lexington  vs.  Wil-  offices  as  had  theretofore  been  in  ex- 


§3172 


City  Charter. 


103 


vided  for,  shall  be,  and  they  are  hereby,  abolished  upon  the  expi- 
ration of  the  terms  for  which  present  incumbents  may  have  been 
respectively  elected ; but  the  general  council  shall  have  power,  by 
ordinance,  to  re-create  such  of  said  offices,  and  to  prescribe  the 
terms  and  duties  thereof,  as  may  be  needed  to  effect  the  corporate 
purposes.  At  the  regular  election  in  1895,  and  every  four  years 
thereafter,  there  shall  be  elected  by  the  qualified  voters  of  the  city 
a mayor,  city  clerk,  city  treasurer,  city  attorney,  city  solicitor,  if 
there  be  such  officer,  and  civil  engineer  and  assessor  and  city 
jailer,  who  shall  hold  office  for  a period  of  four  years,  and  until 
their  successors  are  elected  and  qualified ; also  members  of  the 
board  of  aldermen  and  members  of  the  board  of  councilmen,  who 
shall  hold  office  as  hereinafter  provided,  and  until  their  successors 
are  elected  and  qualified.  At  the  general  election  in  1897,  and 
every  four  years  thereafter,  there  shall  be  elected  a judge  of  the 
police  court.  All  officers  elected  under  this  act  shall  assume  the 
duties  of  their  several  offices  on  the  first  Monday  in  January 
succeeding  their  election.  The  members  of  the  general  council 
elected  in  1895  shall  hold  their  offices,  one-half  of  them  for  one 
year,  and  one-half  of  them  for  two  years,  as  shall  be  determined 
by  lot  at  their  first  meeting  after  election ; and  every  year  there- 
after shall  be  elected  for  two  years,  as  the  term  of  the  incumbent 
shall  expire ; and  said  lot  shall  be  so  arranged  that  not  less  than 
one  member  of  said  board  of  councilmen  shall  be  elected  from 
each  ward  in  the  city  each  year.  At  said  election  all  male  inhab- 
itants of  the  city  shall  be  entitled  to  vote  who  are  twenty-one 
years  of  age  and  over,  who  are  at  the  time  citizens  of  the  State 
of  Kentucky  and  bona  fide  residents  of  the  city  for  six  months 
previous  to  said  election,  and  of  the  precinct  in  which  he  offers  to 
vote  for  sixty  days  preceding  said  election,  and  shall  have  regis- 
tered as  a voter  under  the  general  law  regulating  registration.  All 
votes  shall  be  cast  by  secret  ballot  in  such  manner  and  form  as 


istence,  but  this  does  not  apply  to 
mere  clerks  and  employees  who  do 
not  perform  governmental' or  official 
functions.  Under  this  rule,  assist- 
ant treasurer,  assistant  jailer,  assist- 
ant engineer  and  license  inspector 


are  municipal  officers  ; while  the  am- 
bulance driver,  patrol-wagon  driver, 
assessor’s  clerk,  mayor’s  clerk,  and 
stenographer  to  clerk’s  office  are  not 
such  officers.  Lowry  vs.  City  of 
Lexington,  113  Ky.  763,  24  R.  516. 


104 


City  Charter. 


§§  3173.3174 


may  be  prescribed,  and  all  contested  elections  shall  be  tried  as 
provided  by  general  law  for  the  election  of  State  officers. 

§ 3173.  Requisites  oe  candidate  for  civie  engineer. — 
No  person  shall  become  a candidate  for  civil  engineer  who  has 
not  been  a resident  of  the  city  for  one  year,  not  less  than  twenty- 
five  years  of  age,  and  until  he  shall  have  obtained  a certificate  of 
his  competency  from  a board  of  three  expert  civil  engineers,  to 
be  selected  by  the  general  council.  (See  Sec  3144.) 

Subdivision  VIII. — Revenue  and  Taxation. 

§ 3174.  Ad  valorem  and  poll  tax  — assessment  oe  prop- 


erty— license  fees, — The  city 
thousand  and  two  [1902],  and 


§ 3174.  (1)  There  is  but  one  gen- 

eral system  of  assessment  as  to  all 
property,  under  the  present  Consti- 
tution, for  the  purposes  of  govern- 
ment, whether  State  or  municipal, 
and  neither  the  Legislature  nor  a 
municipal  corporation  can  classify 
property  for  taxation,  or  substitute 
a license  tax  for  an  ad  valorem  tax. 
If  a license  tax  is  imposed  upon  a 
business,  it  must  be  in  addition  to, 
and  not  in  lieu  of,  an  ad  valorem 
tax  upon  the  property  employed  in 
the  business.  Levi  vs.  City  of  Louis- 
ville, 97  Ky.  394,  16  R.  872. 

(2)  The  fact  that  a taxpayer  does 
not  have  his  full  measure  of  ben- 
efits and  advantages  from  the  mu- 
nicipal government  is  not  the  fault 
of  the  law,  as  the  owner  has  his 
legal  remedy  against  the  municipal 
government.  City  of  Lebanon  vs. 
Edmonds,  101  Ky.  216,  19  R.  297. 

(3)  Under  the  provisions  of  § 171, 
Kentucky  Constitution,  that  “taxes 
shall  be  levied  and  collected  for 
public  purposes  only,”  and  that  they 
“shall  be  uniform  upon  all  propert)' 


assessor  shall,  in  the  year  one 
every  four  years  thereafter, 


subject  to  taxation  within  the  terri- 
torial limits  of  the  authority  levying 
the  tax,”  real  estate  within  the  limits 
of  municipal  corporations  is  subject 
to  municipal  taxation  without  re- 
gard to  any  question  of  benefits  or 
protection  derived  from  the  muni- 
cipal government.  Board  of  Coun- 
cilmen  vs.  Scott,  101  Ky.  615,  19  R. 
1068. 

(4)  Taxes  paid  under  a mistake 
of  law  may  be  recovered  back.  City 
of  Newport  vs.  Ringo’s  Executrix, 
87  Ky.  635,  10  R.  1046. 

(5)  Taxes  paid  under  a mistake 
of  law  can  not  be  recovered  back 
unless  the  payment  was  involuntary, 
and  the  rule  which  treats  the  pay- 
ment of  taxes  as  involuntary,  when 
the  tax  collector  has  authority  to 
levy  and  sell  on  the  refusal  to  pay, 
does  not  apply  to  the  payment  of 
taxes  by  railroad  corporations,  as 
against  which  the  collection  must 
be  enforced  by  judicial  proceedings. 
L.  & N.  R.  R.  Co.  vs.  Hopkins  Co., 
87  Ky.  605,  10  R.  806. 

(6)  Steamboats  having  city  for 


§3174 


City  Charter. 


io5 


make  an  assessment  of  all  real  property  within  the  corpo- 
rate limits  thereof,  and  the  assessment  of  the  real  property  for 
each  of  the  three  years  subsequent  to  said  quadrennial  assess- 
ment shall  be  fixed  at  the  same  values  as  finally  approved  by  the 
board  of  equalization  in  said  quadrennial  assessment,  and  shall 
annually  make  an  assessment  of  all  taxable  personal  property 
within  the  corporate  limits  thereof,  and  shall  correct  the  valuation 
of  any  parcel  of  real  estate  on  which  any  new  structure  of  over 


home  port,  the  legal  situs  of  the 
boat  is  the  city,  and  the  city  may 
impose  an  ad  valorem  tax  upon  it. 
City  of  Newport  vs.  Berry,  14  R.  29. 

(7)  Under  the  provision  in  a char- 
ter authorizing  the  taxation  of  such 
property  as  “the  city  council  may 
designate,”  a designation  of  “any 
property  of  any  kind  subject  to  tax- 
ation under  the  laws  of  this  Com- 
monwealth” is  sufficiently  descrip- 
tive. Covington  Gaslight  Co.  vs. 
City  of  Covington,  84  Ky.  94. 

(8)  Under  a charter  authorizing 
an  ad  valorem  tax  on  the  “real,  per- 
sonal and  mixed  estate  within  the 
limits  of  said  city  subject  to  taxa- 
tion by  the  city  under  the  laws  of 
the  State,”  the  city  is  authorized  to 
tax  money  and  choses  in  action  as 
visible  personal  property.  City  of 
Newport  vs.  Ringo,  87  Ky.  635 ; see 
and  compare  Johnson  vs.  Lexing- 
ton, 14  B.  M.  648 ; Covington  vs. 
Powell,  2 Met.  227 ; Louisville  vs. 
Henning,  1 Bush  381  ; Trigg  vs. 
Glasgow,  2 Bush  594. 

(9)  A city  under  a power  con- 
ferred by  the  Legislature  may  levy 
a tax  upon  corporations  of  other 
States  doing  business  in  the  town. 
Commonwealth  vs.  Milton,  12  B.  M. 
212. 

(10)  The  failure  of  a city  for 
many  years  to  tax  property  can 


work  no  estoppel.  Covington  Gas- 
light Co.  vs.  Covington,  84  Ky.  94. 

(11)  Exemption  of  “machinery  in 
manufactories”  from  taxation  does 
not  exempt  the  pipes,  lamp-posts 
and  meters  of  a gas  company.  Cov- 
ington Gaslight  Co.  vs.  Covington, 
84  Ky.  94- 

(12)  The  mere  fact  that  a corpo- 
ration is  required  to  pay  into  the 
State  treasury  as  taxes  a certain 
sum  upon  each  share  of  its  capital 
stock  by  or  on  a named  day,  does 
not  manifest  a legislative  intent  to 
exempt  it  from  municipal  taxation. 
Kenton  Insurance  Co.  vs.  Coving- 
ton, 86  Ky.  213. 

(13)  Property  of  a city  not  neces- 
sary for  its  government  as  a mu- 
nicipal power  can  not  be  exempted 
by  the  Legislature  from  State'  tax- 
ation, except  in  consideration  of 
public  services.  Water-works  con- 
structed and  operated  by  a city  can 
not  be  exempted.  Commonwealth 
vs.  Makibben,  90  Ky.  384;  Clark  vs. 
Louisville  Water  Co.,  Ib.  515.  City 
is  liable  for  franchise  tax  on  its 
water-works.  City  of  Newport  vs. 
Commonwealth,  106  Ky.  434,  21  R. 
42. 

(14)  The  fact  that  in  the  form  of 
tax-list  prescribed  by  the  statute  a 
certain  kind  of  property  is  named  is 
not  alone  sufficient  to  authorize  the 


io6 


City  Charter. 


§ 3174 


one  hundred  dollars  in  value  may  have  meanwhile  been  erected, 
or  on  which  any  structure  of  like  value  shall  have  been  destroyed, 
and  where  transfers  of  real  estate  have  been  made,  he  shall  make 
the  necessary  changes  in  the  names  of  owners.  The  general 
council  shall  annually,  by  ordinance,  levy  an  ad  valorem  tax  upon 
all  real  and  personal  property,  subject  to  taxation  for  State  pur- 
poses, not  exceeding  the  rate  and  limit  prescribed  by  the  Consti- 
tution ; and  may  levy  a poll-tax  not  exceeding  one  dollar  and 
fifty  cents  on  each  male  inhabitant  thereof,  and  may  impose  fees 
on  stock  used  for  breeding  purposes,  on  franchises,  trades,  occu- 


taxation  of  such  property.  Coving- 
ton Gaslight  Co.  vs.  Covington,  92 
Ky.  312. 

(15)  So  long  as  municipal  govern- 
ments make  levies  of  taxes  within 
the  limits  prescribed  by  the  Consti- 
tution, courts  of  equity  will  not  in- 
quire into  the  necessity  of  the  levy 
at  the  suit  of  an  individual  tax- 
payer. Mayfield  Woolen  Mills  vs. 
Mayfield,  22  R.  1676;  Mclnerney  vs. 
Huelefeld,  25  R.  272. 

(16)  Where  a statute  has  author- 
ized a municipal  corporation  to  issue 
bonds  and  exercise  the  power  of 
local  taxation  to  pay  them,  the  power 
of  taxation  thus  given  is  a contract 
with  the  bondholders,  and  can  not 
be  withdrawn  until  the  contract  is 
satisfied.  Board,  etc.,  of  Hawes- 
ville  vs.  Louisville  H.  & S.  T.  L. 
Ry.  Co.,  23  R.  376. 

(17)  The  Legislature  may  prop- 
erly classify  taxpayers  in  devising  an 
equal  system  of  taxation,  and  may 
properly  authorize  municipal  corpo- 
rations to  provide  different  systems 
of  taxation  for  different  kinds  of 
corporations.  German  W.  F.  & I. 
Assoc,  vs.  Louisville,  25  R.  1697, 
2097. 

(18)  As  to  constitutional  restric- 


tions as  to  amount  and  rate,  see 
Constitution,  §§157,  158;  Town  of 
Bardwell  vs.  Harlan,  26  R.  101. 

(19)  All  property  within  city  lim- 
its is  liable  to  taxation  without  re- 
gard to  benefits  received.  City  of 
Richmond  vs.  Gibson,  20  R.  358; 
Hughes  vs.  Carl,  21  R.  6,  106  Ky.  533. 

(20)  Annexed  territory  is  subject 
to  taxation.  Specht  vs.  City  of 
Louisville,  22  R.  699. 

(21)  Agricultural  lands  within 
limits  of  town  are  not  exempt  from 
municipal  taxation,  though  they  de- 
rive no  benefit  from  the  town.  Town 
of  Latonia  vs.  Hopkins,  20  R.  620, 
104  Ky.  419;  Bell  County  Coke  and 
Imp.  Co.  vs.  Pineville,  23  R.  933; 
Shuck  vs.  City  of  Lebanon,  21  R. 
969,  107  Ky.  252;  Ryan  vs.  Central 
City,  21  R.  1070.  Bridge  property  in 
city  where  corporate  limits  extend 
to  low  water  mark  on  north  side 
of  Ohio  liable  for  taxes  on  entire 
portion  in  said  limits.  Henderson 
Bridge  Co.  vs.  City  of  Henderson, 
22  R.  703 ; Louisville  Bridge  Co.  vs. 
City  of  Louisville,  23  R.  1655. 

(22)  City’s  liability  to  pay  State 
and  county  taxes.  See  Richardson 
vs.  Boske,  23  R.  1209,  and  Note  13. 

(23)  A city  seeking  to  enforce  a 


§3175 


City  Charter. 


107 


pations  and  professions,  and  provide  for  the  collection  thereof. 
( Section  as  amended  by  act,  March  29,  1902.) 

§ 3r75-  Ordinance  shale  specify  the  purpose  — liabil- 
ity of  officers  or  employes. — All  taxes  and  license  fees  shall 
be  levied  or  imposed  by  ordinance,  and  the  purpose  or  purposes 
for  which  the  same  are  levied  or  imposed  shall  be  specified  therein, 
and  the  revenue  therefrom  shall  be  expended  for  no  other  purpose 
than  that  for  which  it  is  collected.  Ordinances  levying  taxes  or 
imposing  license  fees  shall  distinctly  specify  the  purpose  or  several 
purposes  for  which  the  same  are  levied ; failure  to  do  so  shall 
render  the  ordinance  invalid,  and  if  it  shall,  the  officer  or  officers, 
agents  or  employes,  who  could,  by  a refusal  to  act,  have  prevented 
the  expenditure,  and  the  members  of  the  general  council  who  voted 
for  the  expenditure,  shall  be  jointly  and  severally  responsible  and 
bound  to  the  city  for  the  amount  of  such  expenditure.  And  it 
may  be  recovered  of  them  in  an  action  upon  the  bonds  of  those 
having  them,  or  personally  against  any  or  all  of  them ; and  it 
shall  be  the  duty  of  the  city  solicitor  to  institute  and  prosecute  to 
recovery  such  actions ; and  if  he  fails  to  do  so  for  six  months  after 
he  shall  have  knowledge  of  the  same,  any  person  may  institute 


lien  for  taxes  must  proceed  as  the 
Civil  Code  requires  as  to  other  per- 
sons holding  lien  upon  property,  20 
R.  266.  Property  devoted  to  Ma- 
sonic charitable  purposes,  not  “pure- 
ly public  charity.”  Newport  vs.  Ma- 
sonic Temple  Ass’n,  20  R.  266. 

( 24)  Taxes — When  set  up  by  ans- 
wer and  cross  petition.  Newport  vs. 
Covington  Trust  Co.,  22  R.  1361. 

§3175-  (1)  The  authorities  levy- 
ing a tax  must  specify  the  purpose 
for  which  it  is  levied.  Carpenter  vs. 
Central  Covington,  26  R.  430.  See 
City  of  Louisville  vs.  Button,  26  R. 
606,  in  which  it  was  held  that  an 
attempted  deflection  of  a “general 
purpose”  fund  in  cities  of  first  class 
to  “street  sprinkling”  was  illegal. 

(2)  Where  an  ordinance  was  in- 


valid for  failure  to  specify  purpose 
for  which  tax  was  levied,  council 
may  subsequently  make  a proper 
levy.  City  of  Somerset  vs.  Somer- 
set Banking  Co.,  22  R.  1129,  109  Ky. 
549- 

(3)  The  city  council  of  Coving- 
ton had  no  power  to  appropriate  the 
revenues  of  the  city  to  obtain  an  in- 
crease of  the  powers  of  the  corpora- 
tion, through  persons  sent  by  the 
council  to  appear  before  the  General 
Assembly  and  Congress.  Hender- 
son etc.,  vs.  City  of  Covington,  14 
Bush  312. 

(4)  The  city  council  of  Coving- 
ton had  no  authority  to  authorize 
the  mayor  of  the  city  to  offer  a re- 
ward for  the  arrest  of  the  city  treas- 
urer, who  had  been  indicted  for 
forgery  and  for  the  embezzlement 


City  Charter. 


§§3176,3177 


, 108 


the  action,  and  shall  have  one-half  of  the  recovery.  A recovery 
hereunder  shall  not  militate  against  the  criminal  prosecution  herein 
elsewhere  provided. 

§3176.  Fiscal  year  — property  assessed  as  oe  Septem- 
ber Fifteenth  — - lien. — The  fiscal  year  shall  end  at  twelve 
o’clock  at  night  on  the  thirty-first  of  -December  each  year.  All 
property  shall  be  assessed  as  of  the  fifteenth  of  September  in  each 
year,  and  there  shall  exist  from  that  day  a lien  on  all  property 
subject  to  taxation  to  the  city  for  ad  valorem  taxes  for  the  fiscal 
year  commencing  on  the  first  day  of  January  next  ensuing, 
including  all  penalties  and  interest  that  may  be  added  thereto  or 
accrued  thereon,  superior  to  all  other  liens,  incumbrances  and 
interest. 

§3177.  Assessor  — election  and  qualifications  — dep- 
uties — OATH  AND  BOND  — FAILURE  TO  ASSESS  PROPERTY  — PEN- 
ALTY.— An  assessor  shall  be  elected  by  the  qualified  voters  of 
the  city  for  the  term  of  four  years.  No  person  shall  be  elected 
assessor  who,  at  the  time  of  his  election,  is  not  thirty  years  of  age, 
a housekeeper  in  the  city  and  a voter  therein.  Deputy  assessors 
may  be  appointed  by  the  assessor,  with  the  approval  of  the  gen- 
eral council,  but  may  be  removed  at  any  time  by  the  assessor. 
The  assessor  and  his  deputies  shall  qualify  by  taking  the  consti- 
tutional oath,  and  giving  such  bond  as  may,  by  ordinance,  be 
required,  and  shall  receive  such  salary  as  the  general  council  by 
ordinance  shall  fix.  Any  assessor  or  deputy  assessor  who  shall 
knowingly  fail  to  assess  any  property,  real  or  personal,  subject  to 
assessment  for  city  taxation,  shall  be  guilty  of  a misdemeanor, 
and,  on  conviction  thereof  in  the  circuit  court,  shall  be  fined  not 
less  than  one  hundred  dollars,  nor  more  than  one  thousand  dol- 
lars, and  shall  forfeit  his  place,  and  shall  not  be  re-elected  or 


of  the  funds  of  the  city ; and  the 
city  may  be  enjoined  at  the  instance 
of  taxpayers  from  paying  the  same. 
Patton  vs.  Stephens,  14  Bush  324. 

(5)  Under  §52,  Constitution,  the 
general  council  has  no  authority  to 
release,  in  whole  or  part,  the  taxes 
due  from  any  individual  or  corpora- 


tion. City  of  Louisville  vs.  Louis- 
ville Ry.  Co.,  hi  Ky.  1,  23  R.  390. 

§3176.  (1)  Property  to  be  as- 

sessed must  be  within  the  taxing 
district  at  the  time  fixed  by  law  for 
the  assessment.  City  of  Latonia  vs. 
Meyer,  27  R.  746;  but  see  Swift  vs. 
Newport,  7 Bush  37. 


§.3i77<> 


City  Charter. 


109 


reappointed  thereto  again  until  after  the  lapse  of  five  years.  Any 
assessor  who  shall  fail  to  assess  any  lot  or  parcel  of  ground  in  the 
city  shown  on  the  plat  books  in  the  auditor’s  office,  subject  to 
taxation  by  the  city,  shall,  on  conviction  thereof  before  the  circuit 
court,  be  fined  a sum  equal  to  the  taxes  on  said  lot  or  parcel  for 
the  year,  and  one  hundred  dollars. 

§ 3177  a.  1.  Assessment  oe  shares  of  stock  in  corpora- 
tions.— That  the  shares  of  stock  of  every  incorporated  bank, 
trust  company,  guarantee  or  security  company,  and  the  franchise 
of  every  incorporated  gas,  water,  ferry,  bridge,  street  railway, 
express,  electric  light,  electric  power,  telegraph,  press  dispatch, 
telephone,  turnpike,  palace  car,  dining  car,  sleeping  car,  and  chair 
car  company,  and  every  other  like  company,  corporation  or  asso- 
ciation, having  or  exercising  any  special  or  exclusive  privilege  or 
franchise,  not  allowed  by  law  to  natural  persons,  or  performing 
any  public  service,  shall  hereafter  J^e  valued  or  assessed  for  city 
taxes,  in  the  manner  hereinafter  prescribed  by  the  city  assessor 
in  cities  of  the  first,  second  and  third  class,  wherein  such  franchise 
is  exercised,  to  the  extent  and  in  the  proportion  the  same  is  therein 
exercised ; Provided,  however,  That  no  assessment  for  city  taxes 
shall  be  made  by  any  assessor  or  board  of  valuation  and  assess- 
ment of  the  franchise  of  any  private  business,  mercantile,  or  man- 
ufacturing corporation,  whose  property  is  not  devoted  to  public 
use.  (Section  as  amended  by  act  of  March  13,  1900.) 

2.  Reports  to  be  made  to  assessor  by  corporations. — In 
order  to  determine  the  value  of  the  franchises  mentioned  or 
referred  to  in  the  next  preceding  section,  the  corporations,  com- 
panies and  associations  therein  mentioned  or  referred  to  shall 
each  annually,  between  September  first  and  October  first,  make 
and  deliver  to  the  assessor  of  cities  of  the  first  and  second  class, 
wherein  its  franchise  is  exercised,  a statement  verified  by  its  presi- 


§3I77«-  (1)  The  validity  of  this 

act  is  upheld  in  Murphy  vs.  City,  24 
R.  1574.  (But  does  the  general  rev- 
enue act  of  March  29,  1902,  affect 
this  act? — Ed.) 

(2)  For  a full  discussion  of 
method  and  powers  of  State  Board 


of  Valuation  in  fixing  value  of  fran- 
chise, see  Henderson  Bridge  Co.  vs. 
Commonwealth,  99  Ky.  623,  17  R. 
389;  105  Ky.  472,  20  R.  1294;  105 
Ky.  710,  20  R.  1509;  24  R.  203,  24 
R.  1177;  24  R.  2124,  24  R.  2530. 


no 


City  Charter. 


3i77a 


dent,  cashier,  secretary,  treasurer,  manager,  or  other  chief  officer 
or  agent,  in  such  form  as  the  city  assessor  may  prescribe,  show- 
ing the  following  facts,  viz. : The  name  and  principal  place  of 
business  of  the  corporation,  company  or  association ; the  kind  of 
business  engaged  in,  the  amount  of  capital  stock,  preferred  and 
common ; the  number  of  shares  of  each ; the  amount  of  stock  paid 
up ; the  par  and  real  value  thereof ; the  highest  price  at  which 
such  stock  was  sold  at  a bona  fide  sale  within  twelve  months  next 
before  the  first  day  of  September  of  the  year  in  which  the  state- 
ment is  required  to  be  made ; the  amount  of  surplus  fund  and 
individual  profits,  and  the  value  of  all  other  assets ; the  total 
amount  of  indebtedness  as  principal,  the  amounts  of  gross  or  net 
earnings  or  income,  including  interest  on  investments,  and  incomes 
from  all  other  sources  for  twelve  months  next  preceding  the  first 
day  of  September,  of  the  year  in  which  the  statement  is  required ; 
the  amount  and  kind  of  tangible  property,  and  where  situated, 
assessed,  or  liable  to  assessment,  and  the  fair  cash  value  thereof, 
estimated  at  the  price  it  would  bring  at  a fair  voluntary  sale,  and 
such  other  facts  as  the  city  assessor  may  require. 

3.  Manner  of  assessing  where  lines  of  corporation  extend 
beyond  city  limits. — Where  the  line  or  lines  of  any  such  corpo- 
ration, company  or  association  extend  beyond  the  limits  of  the 
city,  the  statement  shall,  in  addition  to  the  other  facts  hereinafter 
required,  show  the  length  of  the  entire  lines  operated,  owned, 
leased,  or  controlled  in  the  city,  and  the  entire  lines  operated, 
owned,  leased,  or  controlled  elsewhere.  If  the  corporation,  com- 
pany or  association  operates  and  conducts  its  business  in  other 
States  as  well  as  in  this  State,  the  statement  shall  show  the  fol- 
lowing facts,  in  addition  to  the  facts  hereinafter  required : The 
gross  and  net  income  or  earnings  received  in  the  city,  and  out  of 
the  city  on  business  done  in  the  city,  and  the  entire  gross  receipts 
of  the  corporation,  company,  or  association,  in  the  city  and  else- 
where, during  the  twelve  months  next  before  the  first  day  of  Sep- 
tember of  the  year  in  which  the  assessment  is  required  to  be  made. 
In  cases  where  any  of  the  facts  above  required  are  impossible  to 
be  answered  correctly,  or  will  not  afford  any  valuable  information 
in  determining  the  value  of  the  franchise  to  be  taxed,  the  city 
assessor  may  excuse  the  officer  from  answering  such  questions ; 


Zl77a 


City  Charter. 


hi 


Provided,  That  the  city  assessor,  from  said  statement,  and  from 
such  other  evidence  as  he  may  have,  if  such  corporation,  company 
or  association  be  organized  under  the  laws  of  this  State,  shall  fix 
the  value  of  the  capital  stock  of  the  corporation,  company  or  asso- 
ciation, as  provided  in  the  next  succeeding  section,  and  from  the 
amount  thus  fixed  shall  deduct  the  assessed  value  of  all  tangible 
property  assessed  in  this  State  or  in  the  counties  where  situated. 
The  remainder  thus  found  shall  be  the  value  of  its  corporate 
franchise  subject  to  taxation  as  aforesaid. 

4.  Foreign  corporation  — franchise,  how  -fixed. — If  the  cor- 
poration, company  or  association  be  organized  under  the  laws  of 
any  other  State  or  government,  except  as  provided  in  the  next 
section,  the  city  assessor  shall  fix  the  value  of  the  capital  stock, 
as  hereinafter  provided,  and  will  determine  from  the  amount  of 
the  gross  receipts  of  such  corporation,  company  or  association,  in 
the  city  and  elsewhere,  the  proportion  which  the  gross  receipts  in 
the  city,  within  twelve  months  next  before  the  first  day  of  Sep- 
tember of  the  year  in  which  the  assessment  was  made,  bears  to 
the  entire  gross  receipts  of  the  company;  the  same  proportion  of 
the  value  of  the  entire  capital  stock,  less  the  assessed  value  of 
the  tangible  property  assessed,  or  liable  to  assessment,  shall  be 
the  correct  value  of  the  corporate  franchise  of  such  corporation, 
company  or  association  for  taxation  in  the  city. 

5.  Franchise  of  carriers  — how  fixed. — If  the  corporation 
organized  under  the  laws  of  this  State  or  of  some  other  State  or 
government  be  a street  railway,  telegraph,  telephone,  express, 
sleeping,  dining,  palace  or  chair  car  company,  the  lines  of  which 
extend  beyond  the  limits  of  the  city,  the  city  assessor  will  fix  the 
value  of  the  capital  stock,  as  hereinafter  provided,  and  that  pro- 
portion of  the  value  of  the  capital  stock,  which  the  length  of  the 
lines  operated,  owned,  leased  or  controlled  in  the  city,  bears  to 
the  total  length  of  the  lines  owned,  leased  or  controlled  in  the  city 
and  elsewhere,  shall  be  the  value  of  the  corporate  franchise  of 
such  corporation  liable  for  such  taxation  in  the  city;  and  such 
corporate  franchise  shall  be  liable  to  taxation  in  each  city  of  the 
first  class  through  or  into  which  such  lines  pass,  or  are  operated, 
in  the  same  proportion  that  the  length  of  the  line  in  such  city 
bears  to  the  whole  length  of  the  lines  elsewhere. 


II 2 


City  Charter. 


3i77a 


6.  Persons  other  than  corporations  — how  taxed. — When- 
ever any  person  or  association  of  persons,  not  being  a corporation, 
nor  having  capital  stock,  shall,  in  this  State,  engage  in  the  busi- 
ness of  any  of  the  corporations  mentioned  and  made  subject  to 
assessment  in  the  first  section  of  this  act,  then  the  capital  and  prop- 
erty, or  the  certificates  or  other  evidences  of  the  rights  or  inter- 
ests of  the  holders  thereof  in  the  business  or  capital  and  property 
employed  therein,  shall  be  deemed  and  treated  as  the  capital  stock 
of  such  person  or  association  of  persons  for  the  purposes  of  taxa- 
tion, and  all  other  purposes,  under  this  act,  in  like  manner  as  if 
such  person  or  association  of  persons  were  a corporation. 

7.  Assessor  to  notify  corporations  of  assessment  — appli- 
cation for  reduction. — It  shall  be  the  duty  of  the  city  assessor, 
immediately  after  fixing  such  values,  to  notify  the  corporations, 
companies  or  associations  of  the  fact ; and  all  such  corporations, 
companies  or  associations  shall  have  at  least  ten  days  from  the 
time  of  receiving  such  notice  to  go  before  the  board  of  equaliza- 
tion of  the  city  and  ask  a change  of  the  valuation,  and  may  intro- 
duce evidence,  and  the  chairman  of  said  board  is  hereby  author- 
ized to  summon  and  swear  witnesses,  and  after  hearing  such 
evidence,  the  said  board  may  change  the  valuation  as  it  may  deem 
proper,  and  the  action  of  said  board  shall  be  final. 

8.  Collections  of  franchise  tax  — when  due. — The  city  as- 
sessor shall  make  out  and  authenticate  the  tax  bills  on  the  assess- 
ments of  franchises,  as  provided  in  this  act,  as  well  as  on  all 
assessments  hereafter  made  by  the  board  of  valuation  and  assess- 
ment, which  shall  have  the  same  effect  as  tax  bills  made  out  and 
authenticated  by  him  on  assessments  of  other  property,  and  shall 
list  the  same  with  the  tax  receiver  for  collection,  and  said  tax  bills 
shall  be  due  and  payable  at  the  same  time,  subject  to  the  same 
discounts  and  penalties,  and  be  collectible  by  distraint,  garnish- 
ment and  suit,  as  now  provided  by  law  with  respect  to  other  tax 
bills  due  the  city. 

9.  Penalty  against  corporations  failing  to  report. — Any  cor- 
poration, or  officer  thereof,  willfully  failing  or  refusing  to  make 
reports  as-  required  by  this  act,  shall  be  deemed  guilty  of  a mis- 
demeanor, and  for  each  effense  shall  be  fined  one  hundred  dollars, 
and  five  dollars  for  each  day  the  same  is  not  made  after  October 


§§  3i77«.3i78 


City  Charter. 


ii3 


first  of  each  year,  to  be  recovered  by  indictment  or  civil  action,  in 
the  name  of  the  city,  in  the  circuit  court  of  the  county  in  which 
such  city  is  situated. 

10.  Stockholders  not  required  to  list  stock  if  corporation 
pays  tax. — The  individual  stockholders  of  the  corporation,  which 
is  by  this  act  required  to  report  and  pay  city  taxes  upon  the 
corporate  franchise,  shall  not  be  required  to  list  their  shares  in 
such  corporation  so  long  as  the  corporation  pays  the  city  taxes  on 
the  corporate  property  and  franchises  as  herein  provided. 

11.  Receiver  or  assignee  to  repprt  for  corporation. — Should 
any  corporation  required  to  make  the  report,  as  hereinbefore  pro- 
vided, be  in  the  hands  of,  or  under  the  control  of  a receiver,  or 
other  person,  it  shall  be  the  duty  of  such  receiver  or  other  person 
to  make  the  returns  and  valuations,  as  required  by  this  act. 

12.  Assessor  may  fix  values  if  corporation  fails  to  report. — 
Should  any  corporation,  company  or  association  fail  to  make  the 
report  as  required  herein  on  o 1 before  the  first  day  of  October  of 
each  year,  the  city  assessor  shall  proceed  to  ascertain  the  facts 
and  values  required  by  this  act,  in  such  manner  and  by  such  means 
as  he  deems  proper,  at  the  cost  of  the  corporation,  company  or 
association  failing  to  make  the  report,  and  shall  fix  the  values 
of  the  corporate  franchise  liable  for  taxation,  as  provided  in  this 
act,  and  the  corporation,  company  or  association  shall  be  taxed 
accordingly. 

13.  Railroad  exempt  from  this  section. — This  act  shall  not 
apply  to  railroad  or  other  corporations  required  by  law  to  be 
assessed  by  the  Railroad  Commission. 

(This  section  is  an  act  of  March  19,  1898;  the  numbers  of  the 
sub-sections  are  the  numbers  of  the  sections  of  the  act;  it  appears 
in  Kentucky  Statutes,  1903,  as  Section  2984  a,  under  cities  of  the 
first  class.  As  to  assessment  of  certain  railroad  bridges  see  Chap. 
41,  Acts  1904.) 

§ 3178.  Assessment  as  oe  September  eieteenth  at  pair 
cash  value. — As  of  September  15,  1895,  and  every  year  there- 


§ 3178.  (1)  Provisions  respecting  assessment  must  be  made  by  the 

the  assessment  of  property  must  be  proper  officer,  and  therefore  the  city 

followed  with  particularity  and  the  assessor  can  not  adopt  the  assess- 


(8N) 


City  Charter. 


3179 


114 


after,  all  the  real  estate  in  the  city  shall  be  assessed  at  its  fair  cash 
value,  estimated  at  a fair  voluntary  sale. 

§ 3179.  Assessor  to  give  notice — oath  — oeeice  hours — 

BLANKS  — FAILURE  TO  GIVE  LIST  — PENALTY  — OTHER  DUTIES. — 
On  or  before  the  first  day  of  September  in  each  year  the  assessor 
shall  give  public  notice,  by  advertisement  in  the  official  newspaper 
of  the  city,  and  by  handbills  posted  through  the  city,  that  all  per- 
sons owning  or  having  in  their  possession  or  under  their  control 
as  agent,  guardian,  committee,  executor,  administrator,  curator, 
trustee,  receiver,  commissioner  or  otherwise,  tangible  or  intan- 
gible personal  property  on  the  fifteenth  day  of  September  follow- 
ing, are  required,  on  or  before  the  first  day  of  October,  to  give 
him  a true  and  complete  list  of  the  same,  with  true  cash  value 
thereof,  as  of  the  fifteenth  day  of  September,  under  oath,  upon 
forms  to  be  furnished  on  application  by  said  assessor  at  his  office, 
and  that  all  merchants  in  the  city,  doing  business  for  themselves 
or  others,  shall,  in  like  manner,  in  addition -thereto,  state  the  high- 
est amount  in  value  of  all  goods,  wares,  merchandise  owned  or 
kept  on  hand  for  sale  by  said  merchants  during  the  three  months 
next  preceding  such  fifteenth  day  of  September.  The  assessor 
and  his  deputies  shall  be  authorized  to  administer  oaths  and  affirm- 
ations, and  may  examine  on  oath -any  person  touching  his  per- 
sonal property,  and  the  value  thereof,  and  may  examine  merchants 
on  oath  as  to  the  statements  they  are  required  to  make.  The 
assessor  shall  keep  his  office  open,  and  be  himself  or  have  a 
deputy  in  attendance  during  the  hours  from  8 a.  m.  to  6 p.  m.,  or 
such  other  or  additional  hours  as  may  by  ordinance  be  fixed,  from 


ment  made  by  the  county  assessor. 
Turner  vs.  Town  of  Pewee  Valley, 
100  Ky.  289,  18  R.  755. 

(2)  Where  realty  in  a city  is  by 
the  charter  made  liable  for  taxes 
assessed  against  it,  a lot  which  is 
sufficiently  described  in  the  assess- 
ment is  liable,  although  the  assess- 
ment is  not  made  against  the  legal 
owner.  Husbands  vs.  City  of  Pa- 
ducah, 4 R.  992,  5 R.  193 ; Droege 
vs.  Woods,  14  R.  431. 


§ 3179.  ( 1 ) The  provisions  of  this 

section  do  not  require  a trustee  to 
list  personal  property  for  city  tax- 
ation where  the  beneficial  owner  re- 
sides elsewhere.  Lexington  vs.  Fish- 
back’s  Trustee,  22  R.  1392,  109  Ky. 
770.  See  further  as  to  situs  of  prop- 
erty and  domicil  of  owner,  Mont- 
gomery vs.  City  of  Lebanon,  23  R. 
891 ; Town  of  London  vs.  Boyd,  25 
R-  1337- 


§ 3i8° 


City  Charter. 


ii5 


the  fifteenth  day  of  September  to  and  including  the  first  day  of 
October,  excepting  Sundays  and  legal  holidays.  The  assessor 
shall  constantly  keep  on  hand,  and  furnish  to  persons  lawfully 
requiring  the  same,  all  necessary  blanks  and  forms  for  the  lists 
and  statements  required  by  this  act.  Nothing  herein  shall,  how- 
ever, prevent  the  assessor  from  assessing,  from  the  best  informa- 
tion he  can  gather ; and  where  an  assessment  has  been  made 
against  a person  who  has  had  actual  notice  to  appear  and  list  his 
property  or  make  statements  thereof  and  fails  to  do  so,  the  same 
shall  not  be  decreased,  but  may  be  increased  by  the  Board  of 
Equalization.  If  any  person  refuse  to  attend  when  summoned, 
or  to  be  sworn  to  answer  or  to  answer  any  question  propounded 
to  him  by  the  assessor  or  his  deputy,  the  assessor  or  his  deputy 
may,  in  writing,  under  oath,  state  the  question,  the  refusal  to 
answer  it,  and  ask  the  police  judge  to  issue  a warrant  against 
such  person ; and  if  the  question  appear  to  be  a proper  one,  the 
said  judge  shall  issue  a warrant,  and  the  said  person  shall,  on  con- 
viction of  having  refused  to  answer  the  question,  it  being  found 
by  the  court  to  be  a proper  one,  be  fined  ten  dollars,  and  there 
compelled  by  process  of  contempt  to  answer  the  question  and  such 
proper  questions  as  the  assessor  may  propound  to  him.  The 
assessor  shall  assess  personal  property  in  a separate  book,  in  which 
he  shall  separate  tangible  from  intangible  property.  The  word 
person  as  used  herein  shall  mean  natural  and  artificial  persons, 
and  the  duties  enjoined  on  them  shall,  in  the  case  of  artificial 
persons,  be  performed  by  the  chief  officer  or  agent  in  the  city  at 
the  time.  Whenever  the  assessor  shall  ascertain  that  there  has, 
in  any  former  year  or  years,  been  any  property  omitted  which 
should  have  been  taxed,  he  shall  assess  the  same  against  the  per- 
son who  should  have  been  assessed  with  it,  if  living,  if  not, 
against  his  representative. 

§ 3180.  Assessment  books  to  be  returned  to  auditor. — 
On  or  before  the  first  of  December  in  each  year  the  assessor  shall 
return  to  the  auditor  his  assessment  books,  certified  by  him  to 
be  a full,  careful  and  honest  assessment  of  all  property  within  the 


§3180.  (1)  The  requirements  in  make  his  assessment  and  return  his 

a tax  law,  that  the  assessor  shall  list  to  the  proper  office  by  a certain 


ii6 


City  Charter. 


3181 


corporate  limits  of  the  city  subject  to  assessment;  and  he  shall 
take  the  auditor’s  receipt  therefor  in  duplicate,  one  of  which  he 
shall  transmit  to  each  board  of  the  general  council  at  its  first 
regular  meeting  in  December.  All  said  books  and  said  reports 
shall  remain  in  the  auditor’s  office,  subject  to  the  inspection  of  the 
public  until  they  shall  be  transmitted  to  the  Board  of  Equalization 
as  hereinafter  provided. 

§ 3181.  Board  or  Equalization  — qualifications  — com- 
pensation — CHAIRMAN  AND  CLERK  — GENERAL  POWERS  AND 
duties. — There  shall  be  a board  of  equalization,  to  consist  of  three 
citizens,  who  shall  be  selected  by  the  mayor } with  the  consent  of 
the  general  council.  No  person  shall  be  selected  as  a member  of 
said  board  who  shall  not  at  the  time  be  a housekeeper  and  owner 
of  real  estate  of  the  city,  and  shall  not  have  been  a resident  thereof 
for  five  years  next  preceding  his  election.  Said  board  shall  be 
paid  such  compensation  as  may,  by  ordinance,  be  fixed,  and  shall 
meet  at  a suitable  place  to  be  provided  by  the  city.  On  the  first 
Monday  in  January,  one  thousand  nine  hundred  and  three,  and 
every  four  years  thereafter,  they  shall  meet  to  equalize  the  assess- 
ment upon  all  real  and  personal  property  within  the  corporate 
limits  of  the  city.  They  shall  first  be  duly  sworn  to  faithfully 
discharge  their  duties,  shall  elect  from  among  themselves  a chair- 
man and  a clerk,  and  shall  then  notify  the  auditor  that  they  are 
ready  to  receive  the  assessment  books,  etc  , which  the  auditor  shall 
deliver  to  them,  taking  his  receipt  therefor.  The  assessor  shall 
be  in  constant  attendance  on  said  board,  and  shall  furnish  them 
all  information  he  can.  They  shall  have  the  power  to  have  all  city 
records  to  be  brought  to  them  for  their  inspection  by  the  custodian 
thereof,  and  if  it  be  necessary  to  retain  them  for  defense,  may 
do  so  by  receipting  therefor  to  the  custodian  thereof.  They  may 
also  interrogate  ,any  city  official,  who  shall  at  their  request  attend 
them  and  respond  to  all  questions.  They  shall  have  the  power  to 


time,  is  merejy  directory,  and  tHe 
making  of  the  assessment  at  a later 
period  does  not  render  it  void.  An- 
derson vs.  City  of  Mayfield,  93  Ky. 
230,  14  R.  370. 

§3181.  (1)  As  to  appointment  of 


the  Board  of  Equalization  in  cities 
of  first  class,  see  Woolley  vs.  City 
of  Louisville,  24  R.  1357;  Powell  vs. 
City  of  Louisville,  21  R.  554. 

(2)  Where  an  act  creating  a board 
of  tax  commissioners  required  it  to 


§ 3i8i 


City  Charter. 


ii  7 


administer  oaths,  and  they  shall  have  the  power  to  compel  the 
attendance  of  witnesses ; and  all  persons  who  shall  refuse  to  attend 
them  or  to  be  sworn  by  them,  or  refuse  to  answer  any  question, 
shall  be  subject  to  the  same  penalties  as  provided  for  like  refusal 
to  the  assessor.  They  shall  first  compare  his  real  estate  book 
with  the  plat  books  in  the  auditor’s  office,  and  see  that  every 
parcel  of  real  estate  in  the  city  has  been  assessed,  and  if  the\ 
find  that  any  has  been  omitted,  shall  certify  the  same,  giving  the 
number  of  parcels  omitted  to  the  city  solicitor,  who  shall  enforce 
the  penalty  provided  in  Section  3177  against  the  assessor  for  so 
doing,  and  they  shall  assess  the  parcels  omitted.  They  shall  hear 
all  complaints  against  the  assessment  made  by  the  assessor,  and 
shall  determine  the  same.  They  shall  increase  or  decrease  assess- 
ments on  like  property,  to  make  all  assessments  as  uniform  as 
may  be,  or  to  place  a true  value  on  the  property  assessed ; but  no 
increase  shall  be  made  without  notice  to  the  person  whose  prop- 
erty is  to  be  increased,  and  they  may,  in  the  assessment  of  real 
estate,  increase  or  decrease  all  assessments  uniformly  by  adding 
or  subtracting  a percentage  of  the  assessments,  and  a notice  of 
such  increase  shall  not  be  given  except  by  publication  in  the  official 
paper  of  the  city.  Said  board  shall  remain  in  session  as  long  as 
the  business  may  require,  but  not  to  exceed  four  weeks.  Three 
members  shall  constitute  a quorum,  and  a majority  of  a quorum 
may  determine  any  question  before  it.  No  change  fn  any  assess- 
ment shall  be  made  by  erasure,  but  there  shall  be  appropriate 
columns  for  all  -changes  and  additions,  and  same  shall  be  made 
in  a different  colored  ink  to  that  which  the  assessor  has  used. 
When  said  board  shall  have  completed  its  labors,  it  shall  prepare 
a statement  of  the  gross  assessment  of  real  property  and  the  gross 


give  notice  of  its  sittings  by  public 
advertisement,  the  publication  of  this 
notice  was  a condition  precedent  to 
the  city’s  right  to  collect  ad  valo- 
rem taxes.  Although  the  notice  be 
given,  if  the  board  fails  to  meet  at 
the  time  required  by  law,  the  levy 
is  invalid,  when  the  law  required 
that  said  board  “shall  have  full 


power  during  the  months  of  June 
and  July,”  etc.,  and  the  board  does 
not  meet  until  June  10,  the  taxpayer 
was  net  required  to  take  notice  of 
the  subsequent  meeting.  Slaughter 
vs.  City  of  Louisville,  etc.,  89  Ky. 
1 12,  12  R.  61  ; McCulium  vs.  City  of 
Louisville,  7 R.  684. 

(3)  Mandamus  will  not  be  granted 


1 18 


City  Charter. 


§§3182,3183 


assessment  of  personal  property,  and  the  sum  thereof,  and  also 
showing  the  increase  or  decerease,  if  any,  in  the  total  assessment 
made  by  them,  under  their  signatures,  which  they  shall  return 
to  the  auditor  with  all  the  assessment  books,  plats  and  papers,  etc., 
received  from  him,  taking  his  receipt  for  the  same,  which  they 
shall  transmit  to  the  board  of  councilmen.  And  in  each  of  the 
three  years  ^subsequent  to  such  quadrennial  equalization,  said  board 
shall  convene  on  the  first  Monday  in  January  for  a period  not 
longer  than  six  days  to  equalize  in  the  same  manner  as  herein- 
before provided,  the  assessments  of  any  parcels  of  real  estate  upon 
which  any  new  structure  of  the  value  of  more  than  one  hundred 
dollars  shall  have  meanwhile  been  erected  or  upon  which  any 
structure  of  like  value  shall  have  been  destroyed,  and  to  equalize 
the  assessments  of  all  personal  property.  (Section  as  amended 
by  act  of  March  29,  1902.) 

§3182.  Auditor  to  verify  assessment  books  — proceed- 
ing if  mistake  Found. — The  auditor  shall  carefully  verify  the 
statement  of  the  board  of  equalization,  and  the  assessment  books 
returned,  and  if  it  be  correct,  he  shall  certify  the  same.  If,  how- 
ever, he  finds  a mistake,  he  shall  cause  said  equalization  board  to 
meet,  and  together  they  shall  ascertain  the  correct  amount,  and 
the  certificate  of  the  board,  indorsed  by  the  auditor  as  correct, 
shall  by  him,  at  the  first  meeting  in  March  in  each  year,  be  trans- 
mitted to  the  board  of  councilmen  as  a basis  on  which  they  shall 
predicate  the  annual  levy  ordinance. 

§ 3183.  When  council  to  pass  ordinance  levying  and 
providing  for  collection  of  tax. — In  the  month  of  March  of 
each  year  the  general  council  shall  pass  an  ordinance  levying  and 
providing  for  the  collection  of  an  ad  valorem  tax  on  the  assessed 


to  compel  the  board  of  equalization 
or  the  city  council  of  Covington  to 
hear  the  taxpayer’s  complaint,  as 
they  act  in  a judicial  capacity  in 
hearing  such  complaints.  City  of 
Covington  vs.  Ludlow,  8 R.  706. 

(4)  No  appeal  lies  from  action  of 
board  of  equalization  fixing  value  of 
property,  and  court  will  not  enjoin 


collection  of  tax  on  ground  of  ex- 
cessive valuation  unless  it  is  so  ex- 
cessive as  to  amount  to  fraud  in  the 
assessor  or  amounts  to  spoliation. 
Covington  vs.  Shinkle,  25  R.  73. 

§ 3183.  ( 1 ) A city  ordinance  levy- 

ing a tax  for  the  fiscal  year  as 
assessed  by  the  city  assessor  and 
equalized  by  the  board  of  equaliza- 


§§3184,3185 


City  Charter. 


119 


valuation  of  the  property  in  said  city  as  certified  to  them,  which, 
with  the  estimated  revenue  from  other  sources,  shall  be  sufficient 
to  meet  the  anticipated  expenditures  for  the  current  year ; and 
said  ordinance  shall  specifically  fix  the  rate  of  taxation  for  each 
item  of  expenditure,  and  shall  also  apportion  all  other  estimated 
revenue  to  such  items  of  expenditure  as  they  may  determine. 

§3184.  When  taxes  due  and  payable  — penalty  eor 
non-payment. — Ad  valorem  taxes  shall  be  due  and  payable, 
without  demand  therefor,  at  the  treasurer’s  office,  one-half  each 
on  the  first  of  June  and  the  first  of  December  in  each  year,  but 
the  whole  tax  for  the  year  may  be  paid  on  or  after  the  first  day 
of  June.  Tax  bills  not  paid  within  one  calendar  month  after  they 
are  due  shall  have  added  to  them  a penalty  of  ten  per  centum  on 
the  amount  thereof,  and  shall  bear  interest  at  the  rate  of  six  per 
centum  per  annum. 

§ 3185.  Auditor  to  deliver  books  to  clerk — tax  bills  — 

DELIVERY  OE  TO  AUDITOR  AND  BY  HIM  TO  TREASURER. — As  SOOn 
as  the  tax  levy  ordinance  becomes  a law,  the  auditor  shall  deliver 
the  assessment  books  to  the  city  clerk,  who  shall  from  them  make 
out  tax  bills.  Said  bills  shall  show  each  lot,  the  assessment 
thereon,  and  the  tax  separately,,  shall  give  the  name  of  the  sup- 
posed owner,  and  shall  give  the  net  total  assessment  of  personal 
property  against  said  person  and  the  tax  thereon ; and  shall  be 
-so  arranged  that  the  items  of  the  tax  on  the  real  estate  can  be 
detached  from  the  items  of  tax  on  the  personal  property,  and  that 
each  half  year  may  be  detached  and  have  each  part  intelligible. 
There  shall  be  a stub  to  each  bill,  which  shall  show  in  condensed 
form  the  items  and  amounts  in  the  bill,  and  the  bills  and  stubs 
shall  be  numbered  consecutively;  the  stub  to  correspond  to  the 


tion  embraces  all  property  in  the 
city  liable  for  ad  valorem  taxation 
for  the  fiscal  year  named,  and  not 
merely  all  the  property  assessed  by 
the  city  assessor  and  equalized  by 
the  board  of  equalization.  City  of 
Middlesboro  v.s.  Coal  and  Iron  Bank, 
22  R.  380,  108  Ky.  680. 


§3184.  (1)  A set-off  is  not  ad- 

missible against  a demand  for  taxes 
unless  expressly  authorized  by  stat- 
ute. Anderson  vs.  City  of  Mayfield, 
93  Ky.  230,  14  R.  370.  As  against 
street  improvement  claim  of  con- 
tractor, set-off  may  be  pleaded. 
Bodley  vs.  Finley’s  Executor,  23 
R.  851,  hi  Ky.  618. 


120 


City  Charter. 


§§  3186,3187 


bill  to  which  it  is  attached.  Bills  and  stubs  to  be  bound  in  book 
form.  On  or  before  the  first  day  of  May  in  each  year  the  clerk 
shall  deliver  the  assessment  books  and  tax  bills,  fully  made  out, 
to  the  auditor,  and  together  they  shall  ascertain  whether  the -sum 
of  the  tax  bills  equals  the  amount  of  tax  which,  at  the  rate  fixed, 
the  total  assessment  should  realize,  and  if  it  does  not,  they  shall 
find  and  arrest  the  error.  When  the  two  agree,  the  auditor  shall 
receipt  for  the  assessment  books  and  tax  bills.  On  or  before  the 
twentieth  day  of  May  in  each  year  the  auditor  shall  deliver  all 
tax  bills  to  the  treasurer,  and  take  his  receipt  for  the  gross  amount 
of  them. 

§3186.  Treasurer  and  auditor  — duties  in  regard  to 
tax  biees  — divided  bills. — On  the  first  Monday  in  the  third 
calendar  month  after  each  half  year’s  bill  is  due,  the  treasurer 
shall  tear  the  same  out  of  the  book  and  return  them  to  the  auditor, 
taking  his  receipt  therefor  ; and  when  he  returns  the  second  half 
year’s  bills,  he  shall  make  a full  and  complete  settlement  with  the 
auditor,  and  when  the  same  is  approved  by  the  general  council, 
receive  his  quietus  for  ad  valorem  taxes  for  the  year.  The  treas- 
urer shall  always  note  on  the  stub  of  the  bill  the  amount  paid  on 
same,  when  paid,  and  date  thereof,  and  if  returned  to  the  auditor, 
that  fact.  When  any  person  shall  desire  to  pay  taxes  on  any  one 
item  of  a tax  bill,  the  bill  shall  be  torn  out,  returned  to  the  auditor, 
who  shall  make  out  as  many  bills  as  may  be  necessary  to  enable 
the  payment  desired  to  be  made,  and  to  supply  the  bill  returned. 
On  the  stub  of  the  bill  returned  shall  be  marked  “divided,”^ with 
the  numbers  of  the  substituted  bills,  and  the  substituted  bills  shall 
be  made  out  on  blank  bills  to  be  left  at  the  end  of  the  tax  bill 
books  for  that  purpose. 

§3187.  Delinquent  bills  — personalty  bills  — pro- 
ceedings UPON  BILLS  — SALE  OE  BILLS  — OF  PROPERTY  — REDEMP- 
TION — lien  — jurisdiction. — When  the  treasurer  shall  return 


§3187.  (1)  The  Legislature  may 

authorize  a city  to  collect  taxes  by 
suit,  and  when  this  remedy  is  given, 
it  will  not  be  held  to  exclude  a sum- 
mary mode  of  collection  already  pro- 


vided by  statutes,  nor  will  it  be  lim- 
ited to  cases  in  which  the  summary 
mode  may  have  proved  ineffectual, 
unless  the  statute  so  provides. 

A personal  j udgment  bearing  in 


§3187 


City  Charter. 


121 


the  tax  bills  to  the  auditor,  the  auditor  shall  separate  the  person- 
alty bills  from  the  realty  bills.  The  former  he  shall  deliver  to  the 

delinquent  tax  collector,  taking  his  receipt  for  the  same.  From 

the  latter  he  shall  make  out  a list,  giving  block  and  lot  numbers 
and  total  tax  due,  and  a notice  that  the  treasurer  will,  on  the  first 
Monday  in  the  next  month,  sell  at  the  court-house  or  city  build- 
ing door  in  the  city,  at  public  auction,  to  the  highest  bidder  for 
cash,  each  of  said  tax  bills,  unless  they  are  in  the  meantime  paid 
to  the  treasurer.  This  list  and  notice  shall  be  published  for  at 
least  two  weeks  in  the  city’s  official  paper.  The  auditor  will  then 
return  the  realty  bills  to  the  treasurer,  who  will,  on  said  day,  offer 
for  sale,  as  advertised,  such  bills  as  may  remain  in  his  hands 

unpaid.  If  no  one  will  offer  the  face  of  said  bills  for  them,  he 

shall  buy  them  in  for  the  city.  The  owner  or  owners  of  any  lot, 
the  tax  bill  on  which  has  been  so  sold,  shall  have  the  privilege  of 
redeeming  the  same  within  one  year  of  the  day  of  sale  by  paying 
to  the  treasurer  the  said  bill,  with  all  penalties  and  interest  as 
herein  provided  to  the  day  of  payment.  Purchasers  at  said  sale 
shall  not  receive  the  tax  bills,  but  shall  receive  certificates  for 
their  purchase,  on  surrender  of  which  certificate,  at  any  time  after 
the  treasurer  has  been  paid  the  bill  named  in  the  certificate,  he 
shall  receive  from  the  treasurer  the  amount  paid,  and  on  sur- 
render at  the  end  of  the  year,  shall  receive  the  bill  with  the  year’s 
interest  at  six  per  cent,  per  annum,  and  ten  per  cent,  of  the  sum 
of  the  bill,  penalty  and  interest  all  added  by  the  treasurer ; and  he 
may  at  any  time  thereafter,  in  appropriate  action,  enforce  the  lien 
on  the  property  for  the  full  amount  of  the  bill,  with  legal  interest 


terest  from  its  date  may  be  rendered 
against  the  taxpayer,  where  a suit 
for  the  collection  of  taxes,  in  ad- 
dition to  the  summary  mode  of  col- 
lection by  restraint,  is  authorized  by 
statute.  Greer  vs.  City  of  Coving- 
ton, 83  Ky.  410,  7 R.  419,  7 R.  453; 
overruling  City  of  Covington  vs. 
People’s  Building  Association,  4.  R. 
258. 

(2)  In  an  action  to  recover  taxes 
it  is  essential  to  aver  and  show  a 


compliance  with  every  duty  neces- 
sary to  the  imposition  of  the  bur- 
den. City  of  Covington  vs.  People’s 
Building  Association,  4 R.  258 ; Mc- 
Arthur vs.  City  of  Dayton,  5 R,  333, 
4 R.  733  5 McDonald  vs.  City  of  Cov- 
ington, 5 R.  612 ; Dauber  vs.  City 
of  Covington,  5 R.  865. 

(3)  Provisions  making  tax  bills 
prima  facie  evidence  have  been  up- 
held; the  burden  of  proof  shifts  to 
taxpayer.  Fonda  vs.  City  of  Louis- 


122 


City  Charter. 


§3188 


from  date  of  delivery  to  him.  The  treasurer  shall  make  a full 
and  complete  report  of  said  sale  to  the  auditor.  The  city  shall 
in  no  manner  be  responsible  to  purchasers  for  money  received  by 
the  treasurer  on  bills  purchased  by  them,  but  the  treasurer  and 
his  official  bond  shall  be  held  for  the  same.  Tax  bills  for  the 
succeeding  year  against  property  or  persons  delinquent  for  pre- 
ceding years  shall  be  stamped,  “See  delinquent  bills/’  so  that 
attention  may  be  called  thereto;  and  where  the  city  owns  the 
delinquent  bill,  the  treasurer  shall  credit  the  money  paid  first  to 
those  bills,  except  he  will  not  credit  money  offered  on  a realty  bill 
to  a personalty  bill.  When  the  city  shall  buy  in  the  tax  bills,  the 
city  solicitor  shall,  by  proper  proceedings  in  the  name  of  the  city 
in  the  circuit  court,  enforce  the  lien  on  the  property  for  the  city. 
Tax  bills  shall  be  prima  facie  evidence  of  the  regularity  of  the 
assessments  and  levy  of  the  tax,  and  of  the  addition  of  penalties 
thereto.  Any  purchaser  of  tax  bills  may,  as  soon  as  any  tax, 
State,  county,  district  or  city,  on  the  lot  named  in  the  bill  becomes 
delinquent,  pay  the  same,  and  he  may,  in  his  original  or  in  an 
amended  petition,  exhibit  the  same  and  have  judgment  including 
same.  The  circuit  court  shall  have  jurisdiction  of  proceedings 
to  enforce  lien  for  all  taxes  without  regard  to  amount  of  same. 

§3188.  Delinquent  tax  collector  — election  — qual- 
ifications — bond  — powers  - — duties. — The  general  council 
may,  in  the  month  of  December,  for  a term  of  two  years,  in  joint 
session,  elect  a delinquent  tax  collector,  who  shall  have  the  same 


ville,  20  R.  1652;  Sherley  vs.  City 
of  Louisville,  21  R.  945 ; Shuck  vs. 
City  of  Lebanon,  21  R.  969;  Alvin 
Co.  vs.  City  of  Louisville,  25  R.  2055. 

(4)  When  the  city  buys  in  prop- 
erty sold  for  street  improvement  as- 
sessments, the  provisions  of  this  sec- 
tion imposing  penalties  and  com- 
pound interest  do  not  apply.  City 
of  Lexington  vs.  Woolfolk,  25  R. 
1817.  As  to  further  construction  of 
this  section,  Id.  Owner  has  no  right 
of  redemption.  Id. 

(5)  Purchase  by  city  of  property 


for  its  taxes  is  a purchase  for  a gov 
ernmental  purpose.  Keller  vs.  Wil- 
son, 90  Ky.  350,  12  R.  471. 

§3188.  (1)  Property  of  a gas 

company  can  not  be  seized  and  sold 
for  taxes  when  the  effect  will  be  to 
destroy  the  public  use;  in  a proper 
proceeding  the  company  may  be  re- 
quired to  pay  the  taxes  into  court, 
or  a receiver  may  be  appointed. 
Covington  Gaslight  Co.  vs.  Coving- 
ton, 84  Ky.  94. 

(2)  Under  old  charter  of  the  city 
of  Covington,  the  city  loses  its  right 


§3189 


City  Charter. 


123 


qualification  as  the  treasurer.  His  duties,  bond  and  compensation, 
which  may  be  by  fees,  shall  be  or  may  be  fixed  bv  ordinance,  or 
the  general  council  may  authorize,  by  ordinance  the  city  solicitor 
to  act  as  delinquent  tax  collector,  upon  execution  of  such  bond  as 
may  be  required.  In  the  collection  of  tax  bills  placed  in  his  hand 
for  collection,  the  collector  may  distrain  the  goods  and  chattels 
owned  by,  or  in  the  rightful  possession  of,  the  person  from  whom 
the  tax  is  due,  notwithstanding  the  existence  of  any  lien  upon  the 
same,  and  may  proceed  to  sell,  for  cash,  the  title  of  such  persons 
to  so  much  thereof  as  will  pay  the  tax  due  and  cost  of  sale,  after 
first  advertising  the  sale  as  constables  are  required  to  do  in  sales 
under  execution ; the  cost  of  said  sale  shall  be  two  dollars  for  the 
benefit  of  the  tax  collector.  He  shall  have  the  power  to  sue  out, 
in  any  justice’s  court  in  the  county,  an  attachment  on  said  tax 
bills,  and  the  proceedings  shall  be  same  as  attachment  proceedings 
for  the  collection  of  State  taxes.  He  shall  make  daily  reports  to 
the  auditor  of  collections,  giving  to  him  a duplicate  receipt  from 
the  treasury  for  the  collections,  and  he  shall  make  a settlement 
with  the  auditor  whenever  demanded. 

§ 3189.  Council,  may  modify  or  change  manner  of  as- 
sessment and  collection. — The  general  council  may,  at  any 
time,  by  ordinance,  modify,  alter  or  change  the  manner  of  assess- 
ment of  property  for  taxation,  and  the  levy  and  collection  of  taxes 
as  herein  provided,  and  may  prescribe,  by  ordinance,  in  what 
manner  and  form  property  shall  be  assessed  for  taxation,  and 
taxes  levied  and  collected  thereon.  No  such  ordinance,  however, 
shall  be  valid,  unless  two-thirds  of  the  members-elect  to  each  board 
shall,  on  a call  of  the  yeas  and  nays  entered  of  record,  vote  there- 
for. That  whenever  a city  of  the  third  class  is  transferred  to  a 
city  of  the  second  class,  and  an  assessment  of  property  has  been 
made  by  said  third  class  city  for  municipal  taxation,  and  made 
in  anticipation  of  said  transfer  to  cities  of  the  second  class,  the 


to  distrain  for  taxes  unless  the  tax 
bills  are  placed  in  the  hands  of  the 
collector  once  in  each  year.  Kenton 
Insurance  Co.  vs.  Covington,  86  Ky. 
213 ; Covington  Gaslight  Co.  vs.  Cov- 
ington, 84  Ky.  94. 


(3)  Tax  collector  was  properly 
enjoined  from  levying  upon  plain- 
tiff’s real  estate  before  exhausting 
personal  property.  City  of  Middles- 
boro  vs.  N.  S.  B.  & I.  Co.,  21  R.* 
1782,  108  Ky.  351. 


124 


City  Charter. 


§§  3!90— 3J94 


same  shall  be  valid  and  binding  as  if  it  had  been  made  under 
the  provisions  of  this  act.  (Section  as  amended  by  act  of 
March  19,  1902.) 


Subdivision  IX. — Sinking  Fund. 

§ 3190.  Commissioners  — who  to  be — duties. — The  mayor 
and  president  of  the  board  of  aldermen,  and  president  of  the  board 
of  councilmen,  shall  constitute  the  commissioners  of  the  sinking 
fund.  It  shall  be  their  duty  to  see  that  at  all  times  the  proper 
amount  of  money  to  pay  the  principal  and  interest  of  the  bonded 
indebtedness  of  the  city,  as  such  may  mature,  is  provided  in  due 
time,  and  preserved  exclusively  for  the  payment  of  said  liabilities. 

§3191.  Annual  tax  eor  sinking  eund  purposes. — It 
shall  be  the  duty  of  the  general  council  to  levy  annually  a tax  for 
sinking  fund  purposes  upon  all  property  returned  by  the  Board 
of  Equalization  as  subject  to  taxation  for  municipal  purposes, 
sufficient  in  amount  to  pay  interest  on  the  bonded  indebtedness 
of  the  city,  and  which,  by  accumulation,  shall  be  sufficient  to  pay 
the  principal  of  such  indebtedness  as  it  may  mature. 

§3192.  Money  and  bonds  to  be  kept  separate  — how 
paid  out. — All  money,  bonds  and  securities  belonging  to  the  sink- 
ing fund  shall  be  kept  in  a separate  account  and  such  money, 
bonds  and  securities  shall  only  be  paid  out  or  disposed  of  by  the 
order  of  commissioners  of  the  sinking  fund,  and  in  case  of  money 
upon  a warrant  signed  by  the  city  clerk,  countersigned  by  the 
auditor  and  approved  bv  the  mayor. 

§ 3193.  Commissioners  to  report  to  council  and  require 
auditor  To  report. — Said  commissioners  shall  make  monthly 
reports  to  the  general  council,  showing  the  exact  condition  of  the 
sinking  fund  and  its  requirements,  and  shall  see  that  the  auditor, 
before  the  beginning  of  each  fiscal  year,  carefully  and  fully  reports 
to  the  general  council  all  bonds  and  interests  which  will  mature 
and  be  payable  during  such  fiscal  year,  and  shall  further  see  that 
the  auditor  reports  to  the  general  council,  at  each  monthly  meet- 
ing, any  and  all  debts  of  the  city  which  will  mature  and  become 
payable  during  the  ensuing  month. 

§ 3194.  Redemption  or  purchase  oe  bonds  oe  city: — Said 
commissioners  are  required,  whenever  there  shall  be  an  accumu- 


§§3195—3198 


City  Charter. 


125 


lation  of  money  in  the  sinking  fund  over  and  above  the  amount 
required  for  promptly  meeting  the  interest  on  the  bonded  indebted- 
ness of  the  city,  to  redeem  or  purchase  the  bonds  of  the  city  at  a 
price  not  exceeding  the  market  value  thereof,  and  such  redeemed 
or  purchased  bonds  shall  be  reported  to  the  general  council  and 
cancelled,  and  a correct  record  of  same,  with  date  of  cancellation, 
preserved  in  the  office  of  the  auditor. 

§3195.  Canceelation  oE  redeemed  bonds. — Whenever 
any  city  bonds  or  coupons  shall  have  been  paid  by  said  commis- 
sioners of  the  sinking  fund,  they  shall  cause  the  auditor  to  report 
the  same  to  the  general  council,  who  shall  thereupon  cancel  the 
same,  and  the  auditor  shall  keep  a correct  record  thereof,  together 
with  the  date  of  cancellation. 

Subdivision  X. — General  Provisions. 

§ 3196.  Existing  ordinances  and  resolutions. — All  or- 
dinances, regulations  and  resolutions  in  force  at  the  time  this  act 
takes  effect,  and  not  inconsistent  with  the  provisions  thereof,  shall 
remain  and  be  in  force  until  altered,  modified  or  repealed  by  the 
general  council. 

§ 3197.  Repeal  of  prior  laws  not  to  affect  accrued 
rights  or  liabilities. — The  repeal  of  any  law  by  the  provisions 
of  this  act  shall  not  in  anywise  be  so  construed  as  to  affect  any 
right  or  liability  acquired  or  accrued  thereunder,  by  or  on  the  part 
of  the  city,  or  any  person  or  body-corporate ; and  this  act  shall  not 
in  any  manner  affect  any  right,  lien  or  liability  accrued,  estab- 
lished or  subsisting  under  and  by  virtue  of  previous  charters  or 
amendments  thereto  or  ordinances  passed  thereunder  ; but  such 
right,  lien  or  liability  shall  be  enforced  and  such  action  or  pro- 
ceeding shall  be  carried  on  in  all  respects  as  if  this  act  had  not 
taken  effect ; nor  shall  this  act  be  in  anywise  so  construed  as  to 
affect  the  right  or  liability  acquired  or  accrued  under  previous 
charters  or  amendments  thereto  or  ordinances  passed  thereunder, 
on  the  part  of  the  city  or  any  person  or  body-corporate. 

§ 3198.  Rights  of  action,  fines,  penalties  and  forfeit- 
ures not  affected. — All  rights  of  action,  fines,  penalties  and 


§ 3196.  (1)  See  notes  to  §3061,  Notes  1 and  4. 


126 


City  Charter. 


3199—3202 


forfeitures  accrued  to  the  city  before  this  act  goes  into  effect 
remain  unaffected  thereby,  and  may  be  prosecuted,  recovered  and 
received  as  fully,  in  every  respect,  as  if  this  act  had  not  taken 
effect. 

§ 3199.  Ordinances  regarding  streets,  etc.,  repealed  or 
continued  in  Force. — All  ordinances  for  the  opening  of  any 
street  or  alley  on  which  proceedings  or  work  have  not  commenced 
are  hereby  repealed ; but  all  such  ordinances  upon  which  proceed- 
ings and  work  have  actually  commenced  shall  be  conducted  under 
the  law  in  force  when  it  was  commenced. 

§ 3200.  Officers  to  be  appointed  by  the  mayor.- — All 
members  of  municipal  boards,  and  all  officers  authorized  by  this 
act  to  be  appointed  by  the  mayor,  may  be  appointed  as  soon  as 
this  act  takes  effect,  and  their  terms  of  office  shall  begin  from  date 
of  their  appointment. 

§3201.  Officers  — how  removed.— Executive,  judicial 
and  ministerial  officers  of  the  city,  unless  otherwise  herein  pro- 
vided, shall  be  removable  by  the  board  of  aldermen,  sitting  as  a 
court  under  oath  or  affirmation  upon  charges  preferred  by  the 
mayor  or  any  two  members  of  the  board  of  councilmen ; and  in 
case  of  the  mayor,  upon  charges  preferred  by  the  board  of  coun- 
cilmen ; no  person  so  tried  shall  be  removed  from  office  without 
the  concurrence  of  two-thirds  of  the  aldermen-elect ; and  when  a 
person  has  been  removed  from  office,  he  shall  be  ineligible  thereto 
during  the  time  for  which  he  has  been  elected 

§ 3202.  Conservators  of  the  peace. — The  mayor,  each 
member  of  the  general  council,  chief  of  police,  and  all  police 


§3201.  (1)  A clerk  of  a board 

of  aldermen,  although  also  a notary 
public,  has  no  authority  to  admin- 
ister oaths  to  members  of  the  board 
sitting  as  a court  of  impeachment; 
and  any  acts  done  by  such  board 
under  such  organization  are  void. 
Tompert  vs.  Lithgow,  64  Ky.  (1 
Bush)  176. 

(2)  Under  a provision  of  the  char- 
ter of  cities  of  the  fourth  class,  giv- 
ing council  the  right  to  remove  a 


certain  officer,  the  council  has  the 
power  of  removal,  notwithstanding 
Civil  Code,  § 485,  providing  that, 
“for  usurpation  of  other  than  county 
offices  or  franchises  the  action  by 
the  Commonwealth  shall  be  insti- 
tuted and  prosecuted  by  the  attorney 
general.”  Commonwealth  vs.  Willis, 
19  R.  962. 

(3)  As  to  removal  generally,  see 
notes,  § 3049,  and  Todd,  Mayor,  vs. 
Dunlap,  etc.,  99  Ky.  449,  18  R.  329. 


§§  3203—3206 


City  Charter. 


127 


officers,  shall  be  conservators  of  the  peace ; and  shall  have  and 
exercise  such  powers  as  conservators  of  the  peace  as  may  be 
prescribed  by  ordinance  or  general  law. 

§3203.  Absence  oe  oeeicers  erom  city  — temporary 
appointment. — In  case  any  elective  or  appointive  officer  of  the 
city  shall  be  necessarily  absent  from  the  city,  or  unable  from  sick- 
ness or  other  cause  to  discharge  the  duties  of  his  office,  the  mayor 
may  fill  such  office  temporarily  by  appointment,  and  said  appointee 
.shall  hold  and  discharge  the  duties  of  the  officer  whose  place  may 
be  thus  temporarily  filled,  until  such  officer  shall  return  or  become 
fit  for  and  enter  on  duty.  Officers  thus  temporarily  appointed 
shall  qualify  and  give  bond,  if  so  required  by  ordinance. 

§ 3204.  Mayor  pro  tempore. — In  the  event  of  the  absence 
or  disability  of  the  mayor,  the  president  of  the  board  of  aldermen 
shall  act  as  mayor,  and  in  the  event  of  the  absence  or  disability 
of  both  the  mayor  and  the  president  of  the  board  of  aldermen,  the 
president  of  the  board  of  councilmen  shall  act  as  mayor. 

§ 3205.  Eligibility  to  oEEice. — No  person  shall  be  elected 
by  the  people  to  any  office  in  the  city  who  is  not  an  elector  of  the 
city,  and  who  has  not  been  an  actual  resident  of  the  city  for  one 
year  immediately  preceding  his  election ; and  they  shall  reside 
within  the  city  limits  during  their  continuance  in  office,  and  if 
any  of  them  shall  cease  to  reside  within  the  said  limits,  his  office 
shall  be  thereby  vacated. 

§ 3206.  Officer  interested  in  contracts  with  city  — 
penalty  — dismissal. — If  any  city  officer  shall  be  directly  or 
indirectly  interested  in  any  contract  with  the  city,  or  in  any  work 
done  by  the  city,  or  in  furnishing  supplies  for  the  city  or  any  of 
its  institutions,  or  in  the  sale  of  any  property  to  or  for  the  city, 


§ 3204.  ( 1 ) Absence  contemplated 

by  this  section  defined  in  Watkins 
vs.  Mooney,  24  R.  1469 ; and  see  also 
Chesapeake  & O.  Ry.  Co.  vs.  City  of 
Maysville,  24  R.  615. 

§3205.  (1)  The  city  council  has 

no  power  to  add  to  the  qualifications 
of  the  city  attorney  as  prescribed  by 
charter.  Commonwealth  vs.  Willis, 
19  R.  962. 


§ 3206.  Kentucky  Statutes,  § 2794 
(cities  of  first  class),  providing  that 
the  mayor  may  by  written  order, 
“giving  the  reasons  therefor,”  re- 
move from  office,  etc.,  officers  ap- 
pointed by  him,  does  not  authorize 
removal  of  officers  appointed  for  a 
fixed  term,  without  notice  and  op- 
portunity to  be  heard.  Todd  vs._ 
Dunlap,  99  Ky.  449,  18  R.  329. 


128 


City  Charter. 


§§  3207, 3208 


lie  shall  be  guilty  of  a misdemeanor,  and  any  appointed  officer 
becoming  so  interested  shall  be  immediately  dismissed  from  office 
by  the  mayor ; and  upon  the  mayor  becoming  satisfied  that  an 
elective  officer  is  so  interested,  and  reports  the  facts  to  the  board 
of  aldermen,  that  board  of  aldermen  shall,  as  soon  as  practicable, 
convene  to  hear  and  determine  the  same,  and  if,  by  a two-thirds 
vote  of  the  members-elect  of  the  said  board,  he  be  found  so 
interested,  he  shall  be  immediately  dismissed  from  such  office. 

§ 3207.  Bribery  — punishment  for. — If  any  person  shall 
pay,  give,  deliver,  promise  or  offer  to  any  member  of  the  general 
council,  or  any  other  officer  of  the  city,  or  any  member  of  any  of 
the  municipal  boards,  any  money,  property  or  other  thing  of  value 
whatever  for  the  purpose  of  inducing  such  member  or  officers  to 
do,  or  to  abstain  from  doing,  any  act  or  thing  in  the  line  of  or 
connected  with  his  official  duty,  or  if  any  member  of  the  general 
council,  or  any  other  officer  of  the  city,  or  member  of  any  of 
the  municipal  boards,  shall,  directly  or  indirectly,  solicit,  receive 
or  accept  any  bribe,  compensation,  fee  or  reward  for  doing,  or 
abstaining  from  doing,  any  act  or  thing  connected  with  his  duty 
as  such  officer,  member  of  the  general  council  or  member  of  a 
municipal  board,  or  shall  be  in  any  way,  or  to  any  extent,  directly 
or  indirectly,  interested  in  any  contract  with  the  city  or  any  of  its 
departments,  or  shall,  in  any  way,  by  himself  or  another  for  his 
benefit,  directly  or  indirectly,  solicit  or  receive  any  share,  profit, 
compensation  or  reward  for  or  growing  out  of  any  contract  with 
the  city  or  any  of  its  departments,  or  for  or  on  account  of  any 
article,  thing,  labor  or  service  furnished  or  sold  to  the  city  or  any 
of  its  departments,  he  shall,  upon  conviction,  under  indictment, 
be  confined  in  the  penitentiary  not  less  than  one  and  not  more 
than  five  years ; and  upon  such  conviction  the  office  of  any  such 
member  or  officer  shall  be  ipso  facto  vacant. 

§ 3208.  Provision  for  putting  this  act  into  effect  — 
appointment  of  officers  by  mayor. — For  the  purpose  of  put- 
ting into  effect  this  act  as  speedily  as  possible,  the  mayor  of  the 
city  is  hereby  authorized  to  fill  by  appointment  all  offices  hereby 
established,  and  which  have  not  heretofore  existed  in  a city  of  the 
second  class,  until  such  officers  can  be  elected  as  herein  provided ; 
and  the  officers  so  appointed  shall  be  clothed  with  the  power  and 


§§  3209,  32io 


City  Charter. 


129 


required  to  perform  the  duties  of  their  respective  office,  as  is  in 
this  act  provided,  until  their  successors  shall  be  elected  and  quali- 
fied. In  any  city  of  the  second  class,  where  the  duties  herein  pro- 
vided for  the  auditor  have  been  performed  by  an  officer  known  as 
auditor  and  assessor,  and  wherein  such  officer  was  elected  at  the 
regular  election  in  1893,  such  officer  shall  no  longer  perform  the 
duties  of  auditor,  but  he  shall  continue  until  the  regular  election 
in  1895,  and  perform  the  duties  herein  prescribed,  with  the  assist- 
ance of  such  deputies  as  may  be  selected  by  the  general  council  as 
assessor. 

§ 3209.  Public  works  and  improvements  pieretoeore 
ordered. — When,  under  laws  heretofore  enacted,  the  question  of 
constructing  or  doing  any  public  work  or  improvement  has  been 
submitted  to  popular  vote  in  any  city  of  the  second  class,  and  the 
decision  upon  such  submission  was  in  the  affirmative,  then  any 
tax-payer  may,  by  mandamus,  compel  the  authorities  and  officers 
of  such  city  to  proceed  with  the  construction  and  doing  of  said 
work  or  improvement ; and  may  so  compel  the  doing  of  all  acts, 
proceedings  and  things  that  may  be  necessary  or  proper  and  per- 
mitted by  any  law  heretofore  enacted  which  is  applicable,  or  by 
this  law,  in  order  to  construct,  do  and  complete  said  work  or 
improvement,  and  also  to  provide  funds  therefor,  in  such  manner 
and  by  such  means  as  may  be  authorized  by  law.  And  such 
public  work  or  improvement  shall  be  done  and  constructed ; the 
passage  of  this  act,  or  anything  herein  contained,  to  the  contrary 
notwithstanding. 

§ 3210.  Public  library  — control  oe  — eree  to  the  pub- 
lic - — appropriation  Eor. — That  as  soon  as  a sufficient  fund  for 
that  purpose  shall  be  accumulated  under  the  provisions  of  this  act, 
augmented  by  private  contributions  or  otherwise,  there  shall  be 
established  and  maintained  a free  public  library,  which  shall  be 


§3210.  (1)  So  much  of  this  sec- 

tion as  provides  that  a portion  of 
the  funds  collected  for  school  pur- 
poses shall  be  devoted  to  the  library 
is  unconstitutional.  Board  of  Edu- 
cation vs.  Board  of  Trustees,  24  R. 
98. 


(2)  The  Board  of  Trustees  have 
the  right  to  select  their  own  treas- 
urer, and  such  treasurer,  and  not 
the  city  treasurer,  is  entitled  to  the 
funds  of  such  public  library.  B.  of 
T.  of  Pub.  L,.  of  Covington  vs. 
Beitzer,  26  R.  61 1. 


(9N) 


130 


City  Charter. 


§ 32Io a 


under  the  direction  and  control  of  the  board  of  trustees,  consist- 
ing of  five  members,  to  be  appointed  by  the  mayor  for  a term 
of  four  years,  to  be  styled  the  “ Board  of  Trustees  of  the  Public 
Library.”  Said  board  shall  have  the  custody,  control,  manage- 
ment and  expenditure  of  all  funds  that  may  heretofore  have  been 
accumulated  for  free  public  library  purposes,  or  that  may  be  here- 
after accumulated  for,  or  devoted  to  said  purposes.  The  mem- 
bers of  said  board  shall  serve  without  compensation,  they  shall 
each  give  a bond  in  the  sum  of  five  thousand  dollars  for  the  faith- 
ful performance  of  their  duties,  and  shall  take  an  oath  faithfully 
to  perform  their  duties  before  the  mayor.  Said  board  shall  have 
the  power  necessary  to  establish,  maintain  and  conduct  said  free 
public  library,  and  said  board  shall  establish  rules  and  regulations 
for  the  proper  conduct  of  said  library.  Said  library  shall  be  open 
and  free  to  the  public,  under  such  rules  and  regulations  as  afore- 
said, during  reasonable  and  proper  hours,  and  until  at  least  nine 
o’clock  at  night,  but  said  library  may  be  closed  on  Sunday  if 
deemed  proper.  When  there  is  already  established  in  the  city  a 
public  library,  the  board  of  trustees  of  the  public  library  may  enter 
into  an  agreement  with  the  person,  association  or  corporation 
owning  and  controlling  such  library  whereby  such  library  may  be 
transferred -or  leased  to  the  said  board  for  a term  of  years  or  in 
perpetuity,  or  united  with  that  established  by  the  city  under  the 
provisions  of  this  act.  Said  library  shall  be  strictly  non-sectarian, 
and  so  conducted.  In  aid  of  the  establishment  and  maintenance 
of  such  library,  there  is  hereby  appropriated,  and  the  general 
council  shall  annually  direct  to  be  paid  over  to  said  library,  three 
per  centum  of  the  net  amount  of  taxes  levied  annually  in  the  city 
for  school  purposes,  and  one-half  of  the  net  amount  of  all  fines 
and  costs  collected  in  the  police  court.  ( Section  as  amended  by 
act  of  March  15,  1898.) 

§ 3210a.  Free  library — when  council  required  to  make 
annual  appropriation  Eor. — Whenever  in  any  city  of  the  second 
class  under  laws  heretofore  enacted  there  has  heretofore  been,  or 
shall  hereafter  be,  accumulated  money  to  the  amount  of  twenty 
thousand  dollars  ($20,000)  for  the  purpose  of  establishing  and 
maintaining  a free  public  library,  then  it  shall  be,  and  is  made 
the  duty  of  every  such  city  and  the  common  council  thereof  to 


§ 32I°fr 


City  Charter. 


131 


appropriate  annually  for  the  support  of  such  free  public  library 
such  sums  of  money  as  may  be  necessary,  with  funds  otherwise 
therefor  provided  by  law,  to  make  the  total  annual  sum  applied 
to  such  purpose  by  every  such  city  not  less  than  the  sum  of  five 
thousand  dollars  ($5,000). 

Any  citizen  or  tax-payer  of  such  city,  or  any  contributor 
to  the  fund  for  establishing  or  maintaining  such  free  library,  or 
his  legal  representatives,  may  by  action  enforce  performance  of 
this  act. 

The  fact  having  been  made  known  to  the  General  Assembly, 
it  is  hereby  declared  that  in  the  city  of  Covington  more  than  the 
sum  of  twenty  thousand  dollars  ($20,000)  has  under  laws  here- 
tofore enacted,  been  accumulated  for  the  establishing  and  main- 
taining of  a free  public  library ; Provided,  That  nothing  herein 
shall  be  construed  as  requiring  any  appropriation  to  be  made  by 
any  city  in  which  there  is  now  established  a free  public  library 
supported  and  maintained  in  whole  or  in  part  by  such  city.  ( This 
section  is  an  act  of  March  ij,  1900.) 

§3210  b.  Free  library  — trustees  oe  — appointment  — 

NUMBER  — BOND  — OATH — DUTIES  — TAX  FOR  — OTHER  BUNDS 
— That  as  soon  as  a sufficient  fund  for  that  purpose  shall  be  accu- 
mulated under  the  provisions  of  this  act,  augmented  by  private 
contributions  or  otherwise,  in  any  city  of  the  second  or  third  class, 
there  shall  be  established  and  maintained  in  such  city  a free  public 
library,  and  in  cities  of  the  second  or  third  class  wherein,  under 
any  act  of  the  General  Assembly,  a free  library  has  been  estab- 
lished, the  same  shall  continue  as  herein  provided ; said  free  public 
library  shall  be  under  the  direction  and  control  of  a board  of 
trustees,  consisting  of  seven  members,  to  be  styled  the  “ Board 
of  Trustees  of  the  Public  Library,”  and  which  said  board  of 
trustees  of  the  public  library  shall  continue,  and  they  are  hereby 
declared  a body  politic  and  corporate,  under  said  name  and  style, 
with  perpetual  succession,  and  by  that  name  may  contract  and  be 
contracted  with,  sue  and  be  sued,  have  and  use  a corporate  seal, 
the  same  to  alter  and  renew  at  pleasure,  or  may  act  without  a 
seal;  may  purchase,  receive,  lease,  hold,  sell  and  dispose  of  real 
and  personal  estate  for  public  library  purposes.  Said  board  shall 
have  the  custody,  control,  management  and  expenditure  of  all 


I32 


City  Charter. 


§ 32106 


funds  that  may  heretofore  have  been  accumulated  for  free  public 
library  purposes,  or  that  may  hereafter  be  accumulated  for  or  be 
devoted  to  said  purposes.  The  mayor  of  the  city  and  presiding 
judge  of  the  county  court  of  the  county  in  which  the  city  may  be 
located,  in  case  the  county  contributes  annually  to  the  mainte- 
nance of  the  public  library,  shall  be  ex-officio  members  of  said 
board,  and  the  remaining  five  members  thereof  shall  be  appointed 
by  the  mayor,  one  for  one  year,  one  for  two  years,  one  for  three 
years,  two  for  four  years,  and  their  successors,  as  said  terms  shall 
respectively  expire,  to  be  appointed  for  four  years,  and  shall  be 
so  selected  and  appointed  as  never  to  have  more  than  four  mem- 
bers thereof  of  the  same  political  party,  and  that  two  members 
of  said  board  shall  be  women  and  five  members  thereof  shall  be 
men.  The  members  of  said  board  so  appointed  by  the  mayor  shall 
be  citizens  and  housekeepers  of  the  city  and  not  less  than  thirty 
years  of  age,  shall  serve  without  compensation,  shall  each  give 
a bond  in  the  sum  of  five  thousand  dollars  for  the  faithful  per- 
formance of  their  duties,  and  shall  take  an  oath  before  the  mayor 
to  faithfully  perform  their  duties.  Said  board  shall  have  no 
power  to  charge  any  of  the  real  or  personal  property  of  said  cor- 
poration with  any  debt  or  liability,  and  shall  at  no  time  expend, 
in  the  operation  or  maintenance  of  said  library,  or  for  any  other 
purpose,  any  money  in  excess  of  that  annually  appropriated  by  the 
provisions  of  this  act ; and  should  said  board  attempt  to  impose 
any  debt  or  liability  upon  the  property  of  said  free  public  library, 
or  make  any  contract  for  amounts  of  money  in  excess  of  that 
annually  appropriated  by  the  provisions  of  this  act,  all  such  con- 
tracts or  liabilities  shall  be  void  as  against  the  free  public  library, 
and  such  members  of  the  board  as  may  vote  for  such  debts, 
liabilities  or  expenditures  of  money  shall  be  personally  liable  for 
the  same. 

Said  board  shall  have  the  power  necessary  to  establish,  and 
when  established,  to  maintain  and  conduct  said  free  public  library, 
and  may  adopt  from  time  to  time  rules  and  regulations  for  the 
proper  conduct  of  said  library.  Said  library  shall  be  open  and 
free  to  the  public,  under  such  rules  and  regulations  as  the  board 
of  trustees  may  prescribe,  during  reasonable  and  proper  hours, 
and  said  library  may  be  closed  on  Sunday,  if  deemed  proper  by 


§ 3 2l°b 


City  Charter. 


133 


said  board.  When  there  is  already  established  in  the  city  a public 
or  private  library,  the  board  of  trustees  of  the  public  library  may 
enter  into  an  agreement  with  the  association  or  corporation  own- 
ing or  controlling  such  library,  whereby  said  library,  including 
books,  real  and  personal  property,  may  be  transferred  or  leased  to 
said  board  of  trustees  of  the  public  library  for  a term  of  years, 
or  in  perpetuity,  or  united  with  that  established  by  the  city  under 
the  provisions  of  this  or  any  former  act.  Said  library  shall  be 
strictly  non-sectarian  and  non-partisan,  and  always  so  conducted. 
And  the  legislative  body  of  the  city  shall,  by  a proper  ordinance, 
provide  penalties  and  the  method  of  imposing  the  same,  for  the 
preservation  of  books,  the  property  of  said  free  public  library,  and 
the  prevention  of  trespass  upon  the  grounds  thereof,  and  for  the 
proper  conduct  of  patrons  of  said  library ; and  all  fines  and  costs 
collected  for  the  violation  of  such  ordinance  or  ordinances  shall, 
when  collected,  be  paid  over  to  the  board  of  trustees  of  said 
library. 

In  aid  of  the  establishment  and  maintenance  of  such  library, 
there  is  hereby  appropriated,  and  the  general  council  shall  annually 
direct  to  be  paid  over,  as  the  same  may  be  collected,  to  the  board 
of  trustees  of  the  public  library,  three  per  centum  of  the  net 
amount  of  taxes  levied  annually  on  the  city  for  common  school 
purposes,  and  one-half  of  the  net  amount  of  all  fines  and  costs 
collected  in  the  police  court ; and  to  further  aid  in  the  establish- 
ment and  maintenance  of  such  public  library,  the  general  council 
of  the  city  and  the  fiscal  court  of  the  county,  either  or  both,  jointly 
or  separately,  are  hereby  authorized  and  empowered  to  accept,  by 
ordinance,  resolution,  order  or  contract,  (and,  if  necessary,  unite 
with  the  board  of  trustees  of  the  public  library,)  any  donation 
that  may  have  been  offered,  or  may  hereafter  be  offered,  by 
Andrew  Carnegie,  or  any  other  person,  association  or  corpora- 
tion, and  comply  with  the  conditions  upon  which  said  donations 
may  be  offered  and  accepted,  and  make  the  terms  of  said  contract 
perpetually  binding  upon  said  city  and  county;  and  said  general 
council  of  the  city  and  fiscal  court  of  the  county  shall  annually 
levy  such  special  tax  as  may  be  necessary  to  comply  with  said 
conditions  or  terms  of  contract,  and  to  provide  the  sums  of  money 
agreed  therein  to  be  paid  annually  and  perpetually  for  the  main- 


134 


City  Charter. 


§§3211,3212 


tenance  of  said  public  library,  and  shall  cause  the  same  to  be 
collected  as  and  when  other  taxes  are  collected,  and  paid  over 
promptly  to  the  board  of  trustees  of  the  public  libiary.  ( This 
section  is  an  act  of  March  21,  1902.  See  Chapter  86,  Acts,  1904.) 

§3211.  Auditor  may  be  required  to  examine  police 
court  and  justices'  records. — Whenever  ordered  so  to  do  by 
the  mayor,  the  auditor  shall  examine  the  records  and  proceed- 
ings of  the  police  court,  and  of  courts  of  justices  of  the  peace  in 
the  city,  and  ascertain  and  report  to  the  mayor  all  costs,  fees, 
fines,  moneys  due  upon  judgments  or  replevin  bonds,  or  other 
moneys  that  may  be  due  to  the  city,  and  the  mayor  shall  see  that 
such  steps  are  taken  and  proceedings  had  as  may  be  necessary  to 
have  collected  and  paid  into  the  treasury  all  such  costs,  fees,  fines, 
moneys  due  upon  judgments  or  replevin  bonds,  or  other  moneys 
that  may  be  due  to  the  city,  or  that  may  have  been  collected  by 
any  officer  or  person  and  not  paid  into  the  treasury. 

Subdivision  XI. — Public  Schools. 

§ 3212.  Systems  oe  schools  — who  may  attend  — board 
oE  education  — powers  and  duties. — There  shall  be  maintained 
a system  of  public  schools  at  which  all  children  who  are  bona  tide 
residents  of  the  city  between  the  ages  of  six  and  twenty  years  may 
be  taught  at  the  public  expense,  and  schools  may  be  opened  as  a 
part  of  said  system  to  teach  children  of  the  ages  of  four,  five  and 
six  years,  by  the  kindergarten  method.  Said  schools  shall  be 
under  the  control  of  a board,  to  be  styled  the  Board  of  Education, 
consisting  of  two  trustees  from  each  ward  in  the  city,  to  be  elected, 
however,  by  the  qualified  voters  at  large  of  the  city.  Said  board 
of  education  shall  continue,  and  they  are  hereby  declared,  a body- 
politic  and  corporate,  under  the  name  and  style  of  “ Board  of 


§3212.  (1)  Clerk  who  received 

seven  out  of  twelve  votes  was  elect- 
ed, although  a by-law  of  the  board 
provided  that  a two-thirds  vote  was 
necessary  to  elect — the  by-law  was 
invalid.  Heyker  vs.  McLaughlin,  20 
R.  1983,  106  Ky.  509. 


(2)  Board  of  education  has  no 
authority  to  become  indebted  in  any 
year  exceeding  the  income  for  that 
year  without  submitting  question  to 
voters.  Brown  vs.  Board  of  Edu- 
cation, 22  R.  483. 


§§  32I3> 32I4 


City  Charter. 


135 


Education,”  with  perpetual  succession ; and  by  that  name  may 
contract  and  be  contracted  with,  sue  and  be  sued,  have  and  use  a 
corporate  seal,  the  same  to  alter  or  renew  at  pleasure ; may  pur- 
chase, receive,  hold,  lease  and  dispose  of  real  and  personal  estate 
for  public  school  purposes.  The  control  and  management  of  the 
public  schools  of  the  city,  and  the  property  and  funds  thereunto 
belonging,  shall  be,  and  is  hereby,  vested  in  said  board  subject 
to  the  provisions  of  this  act.  They  shall  have  power  to  make 
by-laws  and  rules,  not  in  conflict  herewith,  necessary  for  the  dis- 
charge of  their  duties  and  the  government  of  their  proceedings. 
They  shall  meet  once  in  each  month,  or  oftener,  if  necessary,  but 
it  shall  require  a majority  of  the  members-elect  of  said  board  to 
constitute  a quorum  for  the  transaction  of  business,  and  for  the 
appropriation  of  money  or  the  execution  of  a contract ; the  con- 
currence of  a majority  of  the  members-elect  of  said  board  shall 
be  indispensable,  and  upon  a call  for  the  yeas  and  nays,  to  be 
entered  of  record.  The  meetings  of  said  board  shall  be  held  in 
some  public  place,  and  a correct  record  of  their  proceedings  shall 
be  kept  in  a book  provided  for  that  purpose,  which  shall  be  a 
public  record,  and  open  to  inspection  by  any  officer  or  citizen  of 
the  city. 

§3213.  Board  of  education  — qualification  and  elec- 
tion of  members  — vacancies.—  Said  board  of  education  shall 
determine  for  itself  the  qualification  and  election  of  its  members. 
They  shall  have  the  power  to  fill,  until  the  next  general  election, 
all  vacancies  in  said  board  occasioned  by  death,  removal,  or  other- 
wise, and  all  returns  of  election  shall  be  made  to  the  clerk  of  said 
board,  who,  by  direction  of  the  board,  shall  issue  certificates  of 
election. 

§ 3214.  Property  and  funds  dedicated  to  school  pur- 
poses— exempt  from  taxation. — All  the  property  now  used 
for  public  school  purposes  in  the  city,  or  which  may,  at  any  time, 
be  owned  by  the  board  of  education,  and  all  the  funds  or  means 
that  may,  at  any  time,  come  under  the  control  of  same,  are  hereby 
forever  dedicated  to  the  purpose  of  public  schools  of  the  city,  and 
the  title  to  all  property,  real  and  personal,  and  the  property  itself, 
in  the  city,  known  and  used  as  public  school  property,  are  hereby 
vested  in  said  corporation,  and  the  same  shall  forever  remain  free 


136 


City  Charter. 


§§  32I5>  32I7a 


from  any  debt  or  liability  of  the  city,  and  free  from  any  city  or 
State  taxation. 

§3215.  Superintendent,  principals  and  teachers  — 
salaries  — purchase  or  rent  oE  buildings. — Said  board  shall 
have  power  to  elect  and  appoint  such  superintendent,  principals 
and  teachers  as  they  may  deem  necessary  for  the  public  school, 
regulate  and  fix  their  salaries,  and  may,  at  any  time,  suspend  or 
remove  them  or  any  of  them,  by  a vote  of  two-thirds  of  the  mem- 
bers-elect  of  the  board.  Said  board  may  purchase,  build  or  rent 
any  ground,  building  or  buildings  necessary  or  convenient  for 
public  school  purposes,  and  may  make  contracts  to  that  end ; and 
any  property  so  leased,  purchased  or  otherwise  occupied,  may  be 
reserved  by  terms,  deed  or  lease  to  the  public  schools  of  the  city, 
and,  if  so  reserved,  shall  not  be  liable  for  any  debt  or  debts  of 
the  city  not  incurred  for  public  school  purposes.  Said  board  may 
also  receive  and  hold  to  public  school  purposes  any  gift  or  devise. 

§3216.  Branches  taught  — districts  — children  from 
other  districts  — grade  OF  schools. — Said  board  shall  pre- 
scribe the  branches  of  education  to  be  taught,  the  necessary  quali- 
fications, the  mode  of  examination,  and  the  number  of  teachers  to 
be  annually  admitted  to  each  school.  They  shall  fix  the  bound- 
aries of  the  districts  within  which  children  shall  be  admitted  to 
each  school ; but  the  maj  ority  of  said  board  may  permit  children 
residing  in  one  district  to  attend  school  in  another.  They  may 
establish  high  schools  and  fix  a grade  of  public  schools,  and  pre- 
scribe the  rules  by  which  pupils  may  pass  from  one  grade  to 
another,  and  from  the  graded  to  the  high  school. 

§ 3217.  All  children  have  equal  rights  of  admission  — 
school  To  be  non-sectarian. — All  children  entitled  shall  have 
equal  rights  of  admission  to  and  benefits  of  said  school,  wherein 
no  catechism  or  other  form  of  religious  belief  shall  be  taught  or 
inculcated ; nor  shall  any  class-book  be  used  therein  which  reflects 
upon  any  religious  denomination  or  sect ; neither  shall  any  of  said 
schools  be  so  conducted  as  to  interfere  with  the  religious  faith  or 
creed  of  either  parents  or  pupils. 

§ 3217a.  1.  Children  between  seven  and  fourteen 

years  OF  age  required  TO  attend  school. — That  every  parent, 
guardian  or  other  person  in  any  city  of  the  first,  second. 


§32I7  a 


City  Charter. 


137 


third  or  fourth  class,  within  this  Commonwealth,  having-  the  con- 
trol of  any  child  or  children  between  the  ages  of  seven  and  four- 
teen years,  shall  be  required  to  send  such  child  or  children, 
annually,  to  some  public  or  private  school  for  children  for 
the  full  term  of  such  school,  and  that  if  the  attendance  be  upon 
a private  school,  it  shall  be  one  full  term  of  [which]  not  less  than 
five  months ; Provided,  however,  that  this  act  shall  not  apply  to 
any  case  where  the  child  is  physically  or  mentally  unfit  to  attend 
•school,  or  has  already  acquired  the  common  school  branches  re- 
quired by  law  ; such  acquisition  to  -be  tested  and  certified  in  the 
same  manner  and  at  the  same  time  as  in  the  case  of  county  grad- 
uates of  the  common  school. 

2.  Truant  officer  created  and  defined. — In  the  first  week  in 
July  each  year  the  board  of  education  in  each  city  of  the  first, 
second,  third  and  fourth  classes  shall  appoint  one  person  for  each 
three  thousand  pupils  or  fraction  thereof  to  serve  as  truant  officer, 
whose  term  of  office  shall  be  for  one  year  from  date  of  appoint- 
ment, and  whose  authority  shall  be  limited  to  the  city  where  the 
appointment  is  made ; such  person  so  appointed  shall  be  of  strict 
moral  character,  and  with  ability  to  read  and  write.  Truant 
officers  shall  be  paid  from  the  school  tax  levy  of  such  city  at  the 
rate  of  not  less  than  one  dollar  nor  more  than  two  dollars  and 
fifty  cents  for  each  school  day. 

3.  Duties  of  truant  officer. — Truant  officers  shall  examine 
into  any  case  of  truancy  within  the  city,  and  shall  warn  the  parent, 
guardian,  or  others  in  charge  of  the  child,  of  the  final  conse- 
quences of  truancy  if  persisted  in.  When  any  child  between  the 
age  of  seven  and  fourteen  years  is  not  attending  school  without 
lawful  excuse  and  in  violation  of  the  provision  of  this  act,  the 
proper  truant  officer  shall  notify  the  parent,  guardian,  or  other 
person  in  charge,  of  the  fact,  and  require  such  person  to  cause 
the  child  to  attend  some  recognized  school  within  five  days  from 
the  date  of  the  notice,  and  it  shall  be  the  duty  of  such  person  so 
to  cause  its  attendance  at  some  recognized  school.  Upon  failure 
to  do  so,  the  truant  officer  shall  make  complaint  before  a justice 
of  the  peace  of  the  county  in  which  such  child  lives  against  the 
parent,  guardian  or  other  person  having  such  child  in  charge,  and, 
upon  conviction,  the  parent,  guardian  or  other  person  in  charge 


138 


City  Charter. 


§§  32I8»  32I9 


shall  forfeit  to  the  use  of  the  school  in  the  city  in  which  such  child 
resides  a sum  not  less  than  five  dollars  nor  more  than  twenty 
dollars  for  the  first  offense,  nor  less  than  ten  dollars  nor  more 
than  fifty  dollars  for  the  second  and  every  subsequent  offense,  and 
cost  of  suit. 

4.  Truant  officer  to  keep  record  of  his  acts. — The  truant 
officer  shall  keep  a record  of  his  transactions  for  the  inspection 
of  the  school  boards  of  such  cities,  and  suitable  blanks  shall  be 
provided  for  his  use  by  the  State  Superintendent. 

5.  false  statement  concerning  age  of  child  — penalty. — 
Any  person  having  control  of  a child  who,  with  intent  to  evade 
the  provisions  of  this  act,  shall  make  a willfully  false  statement 
concerning  the  age  of  such  child,  or  the  time  such  child  has 
attended  school,  shall  forfeit  for  each  offense  a sum  not  less  than 
five  dollars  nor  more  than  twenty  dollars  for  the  use  of  the  public 
schools  for  such  city. 

(This  section  is  an  act  of  March  22,  1904;  the  numbers  of  the 
sub-sections  are  the  numbers  of  sections  of  act.  See  Chap.  94, 
Acts  1904.) 

§ 3218.  Statement  to  be  published  at  end  oe  each 
scholastic  year. — Said  board  shall,  at  the  end  of  each  scholastic 
year,  prepare  and  cause  to  be  published  a printed  statement  show- 
ing the  number  of  admissions  in,  expulsions  from,  and  present 
number  of  pupils  in  each  school,  with  the  general  condition  and 
the  educational  progress  made  therein ; the  amount,  character  and 
condition  of  all  funds  and  other  property  belonging  to  said  schools, 
together  with  such  other  information  as  may  be  proper  and  nec- 
essary for  the  benefit  of  said  schools  and  the  general  public. 

§ 3219.  Board  to  annually  report  approximate  ex- 
penses EOR  ENSUING  YEAR  — LEVY  AND  COLLECTION  OE  TAX 

MAY  BORROW  MONEY  — ISSUE  BONDS  — PLEDGE  PROPERTY SINK- 

ING Fund. — Said  board  shall  annually,  in  the  month  of  January, 


§3219.  (1)  Board  of  education 

can  not  compel  city  council  by  man- 
damus to  fix  any  given  rate  of  tax- 
ation, or  to  increase  the  rate  already 
fixed  by  it,  unless  it  is  made  mani- 


fest that  the  council  has  failed  and 
refused  to  fix  the  necessary  rate. 
Board  of  Education  vs.  General 
Council,  20  R.  289,  103  Ky.  634; 
Board  of  Education  vs.  Nelson, 


§3219 


City  Charter. 


139 


approximately  ascertain  the  amount  of  money  necessary  to  be  used 
to  defray  the  expenses  of  maintaining  the  schools,  improving  or 
constructing  of  buildings,  et  cetera,  thereof,  and  any  liquidations 
of  the  liabilities  during  the  current  fiscal  year,  and  report  the 
same,  together  with  the  amount  to  be  received  from  the  common 
school  fund  of  the  State  of  Kentucky  (wihch  amount  the  board 
shall  ascertain  by  taking  the  census  required  by  law  in  April), 
to  the  auditor,  and  thereupon  the  general  council  shall,  at  the 
request  of  said  board,  levy  and  collect  such  taxes  as  may  be 
requested,  and  the  money  arising  from  said  levy  shall,  under  the 
direction  and  control  of  said  board,  be  used  for  the  benefit  of  the 
common  schools  and  for  the  purpose  of  paying  off  the  indebtedness 
of  said  board. 

Provided,  That  said  levy  shall  not,  in  any  one  year,  exceed 
thirty-five  cents  on  each  one  hundred  dollars’  valuation,  and  ten 
cents  on  each  one  hundred  dollars’  valuation  additional  for  sink- 
ing fund  purposes,  as  returned  by  the  board  of  equalization  on  all 
taxable  property  in  the  city.  And  provided  further,  That  this  act 
shall  not  be  so  construed  as  to  prevent  said  board  from  receiving 
and  expending  any  sum  or  sums  that  may  come  to  them  by  gift, 
devise,  or  any  law  of  the  State. 

The  tax  bills  for  all  taxes  levied  by  the  general  council  for  the 
public  schools  shall  be  made  out  by  the  city  clerk  and  included 
in  the  tax  bills  containing  the  ordinary  levy,  and  shall  be  collected 
with  the  same,  by  the  same  officer,  and  in  the  same  manner  that 
the  ordinary  levies  are  collected  by  the  collecting  officer ; and  the 
powers  and  duties  conferred  and  required  of  officers  in  collecting 
the  ordinary  city  taxes  are  hereby  conferred  and  required  of  them 
in  collecting  the  taxes  levied  for  said  public  schools,  and  such 
collecting  officer  and  his  sureties  shall  be  liable  under  his  official 
bond  for  any  failure  to  perform  his  duties,  upon  which  bond  suit 
may  be  brought  for  the  use  of  said  board  and  recovery  had  for 
such  amount  as  shall  be  found  due  thereon.  All  such  sums  of 
money,  when  collected  and  paid  into  the  city  treasury,  shall  be 


Mayor,  etc.,  22  R.  680 ; City  vs.  board  had  no  power  to  borrow 

Board  of  Education,  23  R.  1663.  money.  Berkley  vs.  Board  of  Edu- 

(2)  Act  March  20,  1900,  did  not  cation  of  Lexington,  22  R.  638. 
validate  a bond  election  held  at  time 


Ho 


City  Charter. 


§3219 


set  apart  to,  and  passed  over  to,  the  common  school  fund,  subject 
to,  and  drawn  out  only  by,  the  order  of  said  board,  as  provided  by 
law  and  ordinances  of  said  board  then  existing. 

Said  board  of  education  shall  have  the  power  to  borrow 
money  on  the  credit  of  the  board  in  anticipation  of  the  revenue 
from  school  taxes  for  the  fiscal  half  year  in  which  the  same  is 
borrowed,  and  pledge  said  school  taxes  for  the  payment  of  the 
principal  and  interest  of  said  loan ; Provided , That  the  interest 
paid  shall  in  no  case  exceed  six  per  cent,  per  annum,  and  the 
principal  shall  in  no  case  exceed  fifty  per  cent,  of  the  anticipated 
revenue. 

Said  board  of  education  shall  have  power  to  issue  school 
bonds,  to  run  for  not  exceeding  forty  years,  for  an  amount  not 
exceeding  one  hundred  thousand  dollars,  sufficient  to  purchase 
sites  and  erect  and  equip  school  houses ; Provided,  That  said 
bonds  do  not  bear  exceeding  six  per  cent,  per  annum  interest, 
payable  semi-annually,  and  shall  not  be  sold  for  less  than  par  and 
accrued  interest,  and  the  proceeds  of  said  bonds  shall  be  used 
exclusively  for  the  purposes  named  in  this  act,  and  shall  not  be 
in  violation  of  the  Constitution  of  the  Commonwealth ; And,  pro- 
vided, That  said  bonds  shall  not  be  issued  without  the  assent  of 
two-thirds  of  the  voters  of  said  city  voting  at  an  election  to  be 
held  for  that  purpose. 

And,  provided,  That  wherever  the  assent  of  two-thirds  of  the 
voters  of  said  city  has  heretofore  been  obtained  at  an  election  held 
for  that  purpose  in  conformity  with  the  provisions  of  this  act, 
said  assent  is  hereby  declared  to  be  as  binding  and  legal  and  shall 
have  the  same  force  and  effect  as  if  obtained  since  the  passage  of 
this  act ; And,  provided,  Any  indebtedness  contracted  in  viola- 
tion of  this  section  shall  be  void ; And,  provided  further,  That  it 
shall  be  the  duty  of  the  county  officers  entrusted  with  the  duty 
of  conducting  elections  to  hold  said  election  when  requested  so  to 
do  by  said  board  of  education,  and  the  holding  of  said  election 
shall  be  after  fifteen  days’  notice  in  the  official  paper  of  the  city, 
and  the  conduct  and  returns  of  said  election  shall  be  made  as  pro- 
vided in  the  general  election  law;  And,  provided,  The  board  may 
pledge  the  property  so  purchased  and  equipped  with  the  proceeds 
of  said  bonds,  and  all  other  school  property  and  the  revenues  of 


§§  322° — 3222 


City  Charter. 


141 


said  board,  for  the  payment  of  the  principal  and  interest  of  said 
indebtedness ; And,  provided That  said  board  of  education  shall 
annually  request  the  general  council  of  said  city  to  provide  for 
the  collection  of  a sinking  fund  tax  sufficient  to  pay  the  interest 
on  said  indebtedness  at  the  time  of  contracting  the  same,  and  to 
create  a sinking  fund  for  the  payment  of  the  principal  thereof 
within  the  term  for  which  said  bonds  are  issued,  and  said  general 
council  shall  also  levy  and  collect  such  other  school  taxes  as  may 
be  requested  by  the  board  of  education  within  the  limit  fixed  by 
statute.  (Section  as  amended  by  act  of  March  20 , 1900/  the 
original  section  was  also  amended  by  act  of  March  17,  1896.) 

§ 3220.  Pupils  beyond  city  limits  — board  may  appoint 
and  remove  employes. — Said  board  shall  have  power  to  admit 
to  said  schools  pupils  from  beyond  the  limits  of  the  city,  and  may 
collect  therefrom  tuition  fees  for  the  benefit  of  the  school  fund  of 
the  city,  and  no  children  or  persons  residing  beyond  said  limits 
shall  be  admitted  as  pupils  in  any  of  said  schools  except  on  pay- 
ment of  such  tuition  fees  as  said  board  may  require.  Said  board 
may  elect  or  appoint  such  employes  as  they  may  deem  necessary, 
and  shall  prescribe  and  fix  the  compensation  of  each,  and  may 
dismiss  the  same  at  pleasure. 

§3221.  Board  oe  examiners  — number  oe  members  — 
duties. — Said  board  may  appoint  a board  of  examiners,  to  con- 
sist of  not  less  than  two  nor  more  than  five  competent  persons, 
whose  duty  it  shall  be,  together  with  the  superintendent,  to  exam- 
ine, under  such  rules  and  regulations  as  may  be  prescribed  by 
the  board,  into  the  qualifications  of  all  applicants  for  a position 
as  superintendent,  principal  or  teacher  of  said  schools ; Provided . 
That  no  person,  other  than  the  superintendent,  shall  be  a member 
of  said  board  of  examiners  who  shall  be  employed  in  or  connected 
with  the  public  schools  of  the  city.  Said  board  of  examiners 
shall  receive  such  compensation  and  perform  such  duties  as  may 
be  prescribed  by  said  board. 

§ 3222.  Separate  schools  for  colored  children. — The 


§3220.  (1)  Employee  may  sue  itor— janitor  may  assign  salary  after 

school  board  for  his  salary — in  cities  it  is  earned.  Overdorfer  vs.  Louis- 

cf  first  class  board  may  employ  jan  ville  School  Board,  27  R.  508. 


142 


City  Charter. 


§§  3223, 3224 


said  board  of  education  shall  provide,  maintain  and  support  sep- 
arate schools  wherein  all  colored  children,  who  are  bona  fide  resi- 
dents of  said  city,  between  the  ages  of  six  and  twenty  years,  may 
be  taught  in  like  manner  as  herein  provided  for  white  children  ; 
said  colored  schools  shall  be  entitled  to  the  same  benefits,  be  gov- 
erned by  the  same  rules  and  regulations,  and  be  subject  to  the 
same  restrictions  as  the  schools  herein  provided  for  the  white 
children. 

§ 3223.  Member  oe  board,  ofeicer,  teacher,  or  employe 
— what  will  disqualify. — No  member  of  the  board  of  educa- 
tion, or  officer,  or  teacher,  or  employe  thereunder  shall  be,  directly 
or  indirectly,  interested  in  any  contract,  with  work  done  for  or 
by,  or  furnishing  of  supplies,  or  sale  of  property  to  or  for,  the 
said  board ; be  in  arrears  to  it  for  money  collected,  or  held,  with- 
out a quietus  therefor ; have  been  convicted  of  malfeasance  in 
office,  bribery  or  other  corrupt  practice  or  crime,  or  hold  any 
office  or  employment  in  any  company  or  corporation  which  has 
been,  or  is,  an  applicant  for  any  contract  with  said  board  (stock- 
holders in  such  companies  or  corporations  are  not,  however, 
herein  included)  ; but  they  shall  not  vote  on,  or  interfere,  directly 
or  indirectly,  with  any  matter  or  question  affecting  such  company 
or  corporation,  in  any  manner  whatever,  other  than  common  with 
the  general  public,  nor  use  his  official  position  to  secure  the 
patronage  of  the  teachers  or  employes  of  said  board.  Any  person 
violating  the  provisions  of  this  section  shall  be  guilty  of  a mis- 
demeanor, and  shall  forfeit  his  office  or  position,  and  be  ineligible 
to  be  a member  of,  or  hold  any  office  or  employment*  under, 
said  board. 

§ 3224.  Normal  school  — rules  and  regulations. — The 
board  shall  have  power  to  establish  and  maintain  a normal  school 
or  normal  training  class  for  the  purpose  of  training  the  graduates 
of  the  high  school  and  others  to  be  teachers  in  the  schools  of  the 
city,  and  to  this  end  it  may  prescribe  such  rules  and  regulations 
for  the  government  of  the  said  normal  school  or  normal  training 
class,  and  employ  a principal  and  other  teachers,  as  may  be  nec- 
essary for  the  maintenance  of  the  said  normal  school  or  normal 
training  class. 


§ 3225—3228 


City  Charter. 


143 


§ 3225.  Treasurer  — separate  accounts  — duties. — The 
treasurer  of  the  city  shall  be  treasurer  of  said  board  of  education, 
and  as  such  shall  keep  separate  and  distinct  from  all  other  funds 
all  moneys,  bonds  and  securities  belonging  to  or  which  may  here- 
after be  dedicated  or  set  apart  for  public  schools,  and  shall  only 
pay  out  or  deliver  any  of  said  funds,  bonds  or  securities  upon 
the  warrant  of  said  clerk,  and  approved  by  the  president  of  the 
hoard  of  education,  and  shall  perform  such  other  duties  as  may 
be  prescribed  by  said  board. 

§ 3226.  Clerk  oe  board  — duties  — compensation — copies 
of  proceedings  — evidence. — Said  board  shall  have  power  to 
appoint  a clerk,  and  prescribe  his  duties  and  term  of  office,  fix  his 
compensation,  and  pay  the  same  out  of  the  school  fund,  and  shall 
require  of  him  bond  and  security,  if  they  deem  the  same  neces- 
sary. The  proceedings  of  the  board  of  education,  and  copies 
therefrom,  certified  by  its  clerk,  shall  be  taken  in  the  same  riianner, 
and  have  the  same  force  and  effect  in  courts  and  elsewhere,  as  are 
now  given  to  the  proceedings  of  the  general  council. 

§ 3227.  Control  of  school  fund  — expenditures. — ■ Said 
board  of  education  shall  have  exclusive  control  of  all  school 
funds  of  the  city,  from  whatever  source  the  same  may  be  derived, 
including  the  pro  rata  of  the  city  from  the  common  school  fund 
from  the  State  of  Kentucky.  They  shall  have  the  right  to  receive 
all  fines,  forfeitures  and  taxes  that  may  inure  to  the  benefit  of  the 
public  schools  of  the  city.  They  shall  have  power  to  expend  all 
moneys  in  the  interest  of  the  public  schools  in  the  city,  and  the 
warrant  of  the  city  clerk,  approved  by  the  president  of  the 
board,  shall  be  honored  by  the  treasurer  to  the  amount  of  the 
school  fund  in  the  treasury. 

§3228.  Existing  indebtedness  unimpaired. — All  indebt- 
edness, bonded  or  otherwise,  and  all  liabilities  and  contracts  of  the 


§3225.  (1)  Treasurer  — compen- 

sation— construction  of  section — not 
allowed  compensation  in  addition  to 
salary  paid  by  city.  Board  of  Edu- 
cation vs.  Moore,  24  R.  1478. 

§ 3226.  Election  of  clerk.  See 


Heyker  vs.  McLaughlin,  20  R.  1983, 
note  to  § 3212. 

§ 3228.  Construction  of  section. 
Woods  vs.  Board  of  Education,  11 
R.  941,  and  Brown  vs.  Board  of 
Education,  22  R.  483. 


144 


City  Charter. 


§§  3229—3231 


school  board,  existing  at  the  time  this  takes  effect,  and  all  taxes, 
funds,  sinking  funds  or  other  resources  that  have  been  pledged  or 
set  apart  for  the  payment  of  the  principal  or  the  interest  thereof, 
shall  continue  unimpaired,  and  remain  of  the  same  force  and  effect 
as  though  the  same  had  been  authorized  and  contracted  by  the 
express  provision  of  this  law,  and  said  board  may  refund  any  debt 
by  the  issuance  of  bonds. 

§ 3229,  How  MONEY  DRAWN  — CONDITIONS  UPON  WHICH 
appropriations  made. — No  money  shall  be  drawn  from  the  fund 
unless  the  same  has  been  appropriated  by  order  of  the  board  of 
education,  and  no  appropriation  of  money  shall  be  made  to  be  paid 
out  of  said  school  fund,  unless  the  money  shall  actually  be  in  the 
treasury  to  meet  the  draft ; and  if  any  appropriation  shall  be  made, 
and  there  shall  be  no  money  in  the  treasury  at  the  time  of  the 
making  of  said  appropriation  with  which  to  pay  the  same,  the 
members  of  the  board  of  education  voting  therefor  shall  be  indi- 
vidually liable  to  any  party  injured  for  the  amount  of  damages 
sustained  in  consequence  thereof. 

§ 3230.  Election  op  members  oe  board  — two  erom  each 
ward. — At  the  first  general  election  under  this  act,  there  shall  be 
elected  as  members  of  the  said  board  of  education  two  persons,  to 
be  selected  from  each  ward  of  the  city,  but  elected  by  the  qualified 
voters  at  large  of  the  city,  subject  to  modifications  as  to  the  quali- 
fications of  voters  herein  prescribed.  The  one  person  from  each 
ward  receiving  the  highest  number  of  votes  for  two  years,  and 
the  one  from  each  ward  receiving  the  next  highest  number  of 
votes  for  one  year,  and  in  case  two  receive  the  same  number  of 
votes,  the  time  shall  be  decided  by  lot.  And  on  the  same  day  of 
each  year  thereafter  there  shall,  in  like  manner,  be  elected  one 
person  from  each  ward  by  the  voters  at  large  as  a member  of  said 
board  for  two  years.  All  persons  elected  under  this  section  shall 
assume  the  duties  of  his  office  on  the  first  Monday  in  January 
following  said  election.  Trustees  in  office  whose  time  has  not 
expired  when  this  act  takes  effect  shall  remain  in  office  until  their 
successors  are  elected  and  qualified. 

§3231.  President  oe  board. — Said  board  of  education 
shall  elect  from  their  own  number  a president  for  the  term  of 'two 
years,  and  may  prescribe  who  shall  preside  in  his  absence,  and 


§§  3232—3235 


City  Charter. 


145 


make  all  necessary  rules  prescribing  the  duties  of  the  presiding 
officer  and  the  government  of  themselves. 

§3232.  Election  by  secret  ballot  — registration. — All 
votes  at  elections  of  members  of  said  board  shall  be  by  secret 
ballot,  and  after  such  registration  and  subject  to  such  rules  and 
regulations  as  to  manner  of  registration  as  may  be  prescribed  by 
law  for  election  of  State  officers. 

§ 3233.  Eligibility  to  membership  in  board  — - qualifi- 
cation oe  voters  — women. — All  persons  possessing  the  quali- 
fications required  by  this  act  to  make  them  eligible  to  election  as 
members  of  the  board  of  councilmen  shall  be  eligible  to  member- 
ship in  the  board  of  education,  and  all  persons  possessing  quali- 
fications required  by  this  act,  or  which  may  be  prescribed  by  ordi- 
nance, in  order  to  vote  at  elections  for  city  officers,  are  hereby 
declared  qualified  to  vote  at  all  elections  for  members  of  the  board 
of  education,  and  women  who  may  possess  such  other  qualifica- 
tions required  for  males  are  hereby  declared  to  be  eligible  as 
members  of  said  board  of  education,  but  not  eligible  or  qualified 
to  vote  at  any  election  for  a member  or  members  of  said  board. 
(Section  as  amended  by  act  of  March  21,  1902.) 

§3234.  Election  and  registration  under  general  law. 
— The  election  of  members  of  the  board  of  education  and  the 
registration  of  voters  for  the  purpose  of  such  election  shall  be 
held  in  all  respects  according  to  the  provisions  of  the  general 
laws  governing  registration  and  elections,  and  no  separate  poll  or 
voting  place  shall  be  required  for  such  registration  or  election. 
(Section  as  amended  by  act  of  March  21,  1902.) 

§ 3235*  School  boards  elected  in  1893. — In  any  city  of 
the  second  class,  where  members  of  the  school  board  were  elected 
at  the  general  election  in  1893,  such  members  so  elected  shall  hold 
their  respective  offices  until  the  regular  election  in  1895.  In  any 
city  where  no  such  election  was  held,  the  mayor  thereof  shall 
appoint  two  members  of  said  board  from  each  ward  in  the  city, 
subject  to  the  approval  of  the  board  of  aldermen,  and  the  board 
so  appointed  shall  hold  office,  exercise  the  powers,  and  be  subject 
to  the  regulations  of  this  act,  until  the  regular  election  in  1895. 


( 10N  ) 


PART  II. 

Acts  of  the  General  Assembly  Relating  to  the  City  of 
Newport,  Not  Repealed  by  the  Present  Con- 
stitution and  Subsequent  Legislation. 


SPECIAL  ACTS 


BOUNDARY  ACT. 

An  Act  to  extend  and  define  the  boundary  of  the  City  of  New- 
port. Approved  May  12,  1886.* 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth 
of  Kentucky: 

Section  1.  Boundaries. — That  the  territory  of  Kentucky 
included  within  the  following  boundary,  to-wit : Beginning  at  the 
junction  of  the  Ohio  and  Licking  rivers ; thence  northwestwardly 
to  a point  at  low  water  mark  directly  opposite  and  on  the  north 
side  of  the  Ohio  river ; thence  with  low  water  mark  of  the  north 
side  of  the  Ohio  river  up  the  river  to  a point  directly  opposite 
the  northeast  corner  of  the  Manufacturing  Company’s  Addition ; 
thence  southeastwardly  across  the  Ohio  river  to  the  northeast  cor- 
ner of  the  said  Manufacturing  Company’s  Addition,  thence  with 
the  east  line  of  said  Addition  to  the  southeast  corner  of  said  Addi- 
tion ; thence  parallel  with  Washington  Avenue  south  thirty-nine 
and  one-half  degrees  east  to  a point  where  the  south  line  of  the 
East  Row  Addition,  if  extended  eastwardly,  would  intersect  the 
same;  thence  south  thirty  and  one-half  west  to  a point  where  the 
east  line  of  Washington  Avenue,  if  extended,  would  intersect  the 
same ; thence  south  fifty-nine  and  one-half  east  two  hundred  feet ; 
thence  south  thirty  and  one-half  west  to  the  east  line  of  Monmouth 
Street ; thence  with  the  east  line  of  Monmouth  Street  southwardly 
to  a point  where  the  south  line  of  the  Licking  road,  if  extended 
eastwardly,  would  intersect  the  same ; thence  with  the  south  line 
of  the  Licking  road  westwardly  to  a point  where  the  west  line  of 
Central  Avenue,  if  extended,  would  intersect  the  same ; thence 
with  said  west  line  of  Central  Avenue  extended  northwardly  to 
the  south  line  of  the  Trustees’  Addition  to  the  City  of  Newport; 


* This  Act  defines  the  present  boundary  of  the  city  of  Newport. 


Special  Acts. 


150 


Court-House  Acts. 


thence  with  the  south  line  of  Trustees’  Addition  westwardly  to 
the  Licking  river;  thence  with  the  Licking  river  and  down  the 
same  to  beginning,  shall  be,  and  the  same  is  hereby  constituted 
the  corporate  limits  of  the  City  of  Newport,  subject  to  all  the 
laws,  ordinances  and  regulations  in  force  affecting  said  city,  or 
in  relation  thereto. 

Sec.  2.  This  act  shall  be  in  force  from  and  after  its  passage. 


COURT-HOUSE  ACTS. 

An  Act  to  authorize  the  construction  and  maintenance  of  a 
Court-house  in  Newport,  in  Campbell  County.  Approved 
April  17th,  1 882  A 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth 
of  Kentucky: 

Section  1.  Commissioners — appointment — bond  — com- 
pensation.— That  the  Judge  of  the  Circuit  Court  in  Campbell 
county  shall,  by  an  order  of  said  Court,  appoint  three  Commis- 


* Prior  to  1840  the  city  of  Newport  was  the  county  seat  of  Campbell 
county,  which  at  that  time  embraced  the  territory  since  formed  into  the 
county  of  Kenton. 

By  Act  approved  January  29,  1840,  establishing  Kenton  county,  Alex- 
andria was  made  the  county  seat  of  Campbell  county. 

By  Act  approved  February  27,  1856,  it  was  provided  that  two  terms 
of  the  Circuit  Court  annually  should  be  held  in  the  city  of  Newport,  “at 
such  place  as  the  authorities  shall  provide”  ; and  that  “the  city  of  Newport 
shall  provide  a jail,  which  and  the  jailer  shall  be  under  the  control  of  said 
court  so  far  as  is  necessary  in  the  administration  of  justice;  and  persons 
committed  by  said  court,  and  persons  to  be  tried  in  Newport,  shall  be  com- 
mitted to  such  jail”  ; and  further,  by  Section  7 thereof,  it  was  provided 
that  “The  city  of  Newport  shall  provide  and  keep  in  repair  the  court-house, 
clerk’s  office  and  jail,  which  may  be  necessary  for  said  court  at  Newport.” 

This  Act,  having  been  submitted  to  the  voters,  pursuant  to  its  pro- 
visions, was  ratified  by  said  vote,  and  thereby  took  effect  on  the  second 
Monday  in  August,  1856. 


Special  Acts. 


151 


Court-House  Acts. 


sioners,  resident  of  the  districts  hereinafter  described,  who  shall 
hold  their  offices  at  the  pleasure  of  said  Judge  Before  entering 
upon  the  discharge  of  their  duties,  said  commissioners  shall  exe- 
cute a satisfactory  bond,  to  be  approved  by  said  Judge,  for  the 
faithful  discharge  of  their  duties,  and  the  proper  disbursements 
of  all  moneys  imposed  upon,  by  and  coming  into  their  hands 
under  the  provisions  of  this  act.  They  shall  receive  a compensa- 
tion for  their  services,  to  be  fixed  by  said  Judge,  not  exceeding 
one  hundred  dollars  each,  per  annum. 

Sec.  2.  “ Court-house  District/'’ — The  following  described 
territory  shall  constitute  a separate  district,  to  be  styled  the 
“Court-house  District,”  for  the  purposes  stated  in  this  act,  as 
follows : Beginning  at  a point  on  the  Ohio  river,  in  the  center 

of  Four-mile  creek,  where  the  same  empties  into  the  Ohio  river, 
thence  with  said  creek  as  it  meanders  to  the  bridge  on  the  Twelve- 
mile  turnpike  crossing  said  creek,  thence  with  the  county  road 
leading  from  said  bridge,  in  the  direction  of  the  Alexandria  turn- 
pike, to  a point  where  a road  known  as  Winter’s  Lane  intersects 
said  county  road,  thence  with  said  Winter’s  Lane  road  to  the 
Alexandria  pike ; thence  crossing  said  pike,  and  with  the  same  to 
a point  where  the  county  road  intersects  said  pike  on  the  west  side 


By  Act  approved  March  10,  1856,  it  was  provided  “That  the  public 
buildings  of  said  city,  viz. : court-house,  clerk’s  office  and  jail,  may  be  used 
for  County  and  Circuit  Court  purposes.” 

By  Act  approved  February  21,  1863,  deeds  for  land  in  the  city  and 
within  the  first  magistrate’s  district  were  required  to  be  recorded  in  the 
office  at  Newport.  By  amendment  to  this  Act,  approved  March  16,  1869,  it 
was  made  the  duty  of  the  County  Court  to  cause  a certain  line  to  be  estab- 
lished, deeds  and  mortgages  of  lands  on  the  northern  side  of  which  should 
be  recorded  in  Newport.  [This  line  was  somewhat  south  of  the  present 
Court-house  district  line.] 

By  Act  approved  February  26,  1863,  County  Courts  were  required  to 
hold  terms  at  Newport. 

By  Act  approved  February  7,  1880,  the  city  was  given  exclusive 
authority  to  fix  the  compensation  to  be  paid  by  said  city  to  the  County 
Judge  and  County  Attorney  for  services  rendered  by  them  in  Newport,  in 
pursuance  of  foregoing  Act  of  February  26,  1863. 


152 


Special  Acts. 


Court-House  Acts. 


thereof,  just  south  of  the  Licking  Baptist  Church,  thence  with 
said  county  road  to  the  Licking  turnpike,  thence  crossing  said 
turnpike,  with  said  county  road,  to  the  Licking  river,  near  the 
mouth  of  Pool’s  creek ; thence  with  the  Licking  river  to  the  Ohio 
river,  thence  up  the  Ohio  river  to  the  mouth  of  Four-mile  creek. 

Sec.  3.  Court-house  — bond  issue  — tax  levy. — Said 
Commissioners  shall  have  power  to  construct  and  maintain,  on 
the  site  where  the  Court-house  now  stands,  in  the  City  of  New- 
port, a suitable  Court-house,  at  a cost  not  exceeding  fifty  thou- 
sand dollars.  For  that  purpose,  said  Commissioners  shall  issue 
bonds,  with  interest  coupons  attached,  in  denominations  of  five 
hundred  dollars  each,  bearing  interest  at  the  rate  of  five  per  cent, 
per  annum,  payable  semi-annually ; said  bonds  shall  be  numbered 
from  one  to  one  hundred,  and  shall  be  issued  as  follows : The 

first  four  shall  be  payable  in  one  year ; the  second  four  in  two 
years,  and  so  on,  in  the  same  order,  to  the  end  of  the  issue.  They 
shall  be  made  payable  at  the  office  of  the  City  Treasurer  of  the 
City  of  Newport,  and  shall  be  exempt  from  taxation  for  all  pur- 
poses except  State  tax.  For  the  purpose  of  paying  the  interest 
and  redeeming  said  bonds,  as  they  mature,  said  Commissioners 
shall  annually  levy  a tax  on  the  real  and  personal  property  in  said 
district,  not  exceeding  twelve  cents  on  the  one  hundred  dollars, 
on  the  State  valuation  thereof,  which  shall  be  a lien  thereon.  It 
shall  be  the  duty  of  the  Sheriff  of  Campbell  county  to  collect  said 
tax,  in  the  same  manner  and  at  the  same  time  that  he  collects  the 
State  revenue,  and  he  shall  receive  the  same  compensation  for  his 
services  as  for  the  collection  of  said  State  revenue.  Before  enter- 
ing upon  the  discharge*  of  the  duties  imposed  upon  him  by  this 
act,  said  Sheriff  shall  execute  to  said  Commissioners  a good  and 
sufficient  bond,  to  be  approved  by  the  Judge  of  the  Circuit  Court 
of  Campbell  county,  for  the  faithful  discharge  of  his  duties.  He 
shall  pay  said  moneys,  so  collected  by  him,  to  the  City  Treasurer 
of  the  City  of  Newport,  who  is  hereby  authorized  to  receive  the 
same.  Said  Treasurer  shall  disburse  said  moneys  as  aforesaid 
received  as  so  directed  by  said  Commissioners.  Before  said  Treas- 
urer shall  enter  upon  the  discharge  of  the  duties  hereby  imposed 


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i53 


Court-House  Acts. 


upon  him,  he  shall  execute  a like  bond  in  like  manner  and  to  be 
approved  in  the  same  way  as  the  Sheriff  is  required  to  do. 

Sec.  4.  Duties  oe  commissioners. — Out  of  the  proceeds 
of  said  levy  and  collections  said  Commissioners  shall,  first,  pay 
the  interest  due  on  said  bonds ; second,  the  cost  of  maintaining 
said  Court-house,  including  the  salaries  of  the  County  Judge  and 
County  Attorney,  as  pro  rata  in  the  proportion  that  said  district 
bears  to  the  whole  county ; third,  the  necessary  expenses  incurred 
in  carrying  into  effect  the  provisions  of  this  act. 

Sec.  5.  SheriEE  and  treasurer  to  make  annual  report. 
— Said  Sheriff  and  Treasurer  shall  each  make  an  annual  report 
of  their  proceedings  to  the  Commissioners  aforesaid,  and  said 
Commissioners  shall  make  an  annual  report  of  their  proceedings, 
including  the  reports  of  said  Sheriff  and  Treasurer,  to  the  Judge 
of  the  Circuit  Court  in  Campbell  County. 

Sec.  6.  Exemptions. — The  citizens  living  within  the  dis- 
trict above  described  shall  hereafter  be  exempt  from  the  payment 
of  a poll  tax,  and  the  property  within  said  district  shall  be  exempt 
from  all  taxation  except  for  State  revenue,  for  county  roads,  for 
taking  care  of  the  poor,  court  and  jail  expenses,  and  the  Highland 
District,  and  the  Cities  of  Newport  and  Dayton  and  the  Town  of 
Bellevue,  for  the  purposes  now  authorized  by  law. 

Sec.  7.  Records. — All  deeds,  mortgages,  leases  and  convey- 
ances, for  the  sale,  transfer,  pledge  or  lease  of  property  within 
said  district  shall  be  recorded  in  the  City  of  Newport,  and  for  all 
property  outside  of  said  district  said  deeds,  mortgages,  leases  and 
conveyance  shall  be  recorded  at  Alexandria. 

Sec.  8.  Powers  oe  sheriff. — For  the  purposes  of  collect- 
ing the  taxes  heretofore  authorized  to  be  levied,  said  Sheriff  is 
hereby  invested  with  all  the  powers  now  conferred  upon  him  by 
law  in  the  collection  of  the  State  revenue ; and  for  any  delin- 
quency in  the  payment  of  said  tax,  so  levied,  he  shall  proceed  bv 
levy,  distraint,  and  sale  of  property,  as  now  authorized  by  law, 
and  the  purchasers  of  property  at  such  sale  shall  acquire,  and  be 
invested  with,  the  same  right  and  title  that  purchasers  at  such 
sales  for  delinquent  State  revenue  are  now  invested  with. 


154 


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Sec.  9.  County  clerk  — ex-officio  clerk. — The  County 
Clerk  of  Campbell  county  shall,  ex-officio,  act  as  clerk  for  said 
Commissioners,  and  shall  keep  a complete  record  of  their  pro- 
ceedings in  a book,  which  shall  be  and  remain  as  a part  of  the 
archives  of  his  office. 

Sec.  10.  Repeal. — All  acts  and  parts  of  acts  in  conflict  with 
the  provisions  of  this  act  are  hereby  repealed 

Sec.  11.  When  act  to  take  eEFect. — This  act  shall  take 
effect  from  and  after  its  passage,  but  the  bonds  herein  provided 
for  shall  not  be  issued,  nor  shall  said  tax  be  levied  or  collected, 
until  the  question  shall  have  been  submitted  to  the  voters  residing 
within  said  district  at  the  next  regular  August  election,  and  a 
majority  of  the  voters,  voting  at  said  election  shall  have  voted 
in  favor  of  said  issue,  and  said  levy  and  collection  of  said  tax. 

Sec.  12.  Provision  for  poor. — Said  district  shall  provide 
for  and  take  care  of  its  own  poor,  and  all  persons  within  said  dis- 
trict, who  are  held  to  answer  to  the  Criminal  Court,  or  who  are 
committed  to  jail  upon  any  criminal  or  penal  charge,  shall  be  held 
to  said  Criminal  Court  and  committed  to  the  jail  in  the  City  of 
Newport,  and  on  all  similar  cases  outside  of  said  district  such 
persons  shall  be  held  to  Courts  at  Alexandria. 

Sec.  13.  Body  corporate. — Said  Commissioners  are  hereby 
constituted  a body  corporate  and  politic,  under  the  name  and  style 
of  the  “ Commissioners  for  the  Court-house  District,”  and  as  such 
shall  have  perpetual  succession,  may  contract  and  be  contracted 
with,  may  sue  and  be  sued,  and  may  plead  and  be  impleaded  in 
the  Courts  of  this  Commonwealth. 

Sec.  14.  Ratification  by  vote. — For  the  purpose  of  ascer- 
taining the  will  of  the  voters  of  said  district,  the  County  Clerk 
shall  for  each  voting  precinct  in  said  district,  and  for  the  Cold 
Spring  district,  cause  to  be  made  on  each  poll  book’  two  separate 
columns,  one  headed,  “ For  the  Court-house  Tax,”  and  the  other, 
“Against  the  Court-house  Tax.”  The  Judges  at  said  election 
shall  ask  each  voter  how  he  votes  upon  said  proposition,  and  the 


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i55 


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Clerk  shall  record  his  vote  as  given,  provided  that  at  the  Cold 
Spring  district  only  such  persons  shall  vote  upon  the  above  prop- 
osition as  actually  reside  within  the  boundaries  of  the  district 
herein  established. 

Sec.  15.  Duties  of  board  with  reference  to  vote. — The 
same  Board  authorized  by  law  to  count  and  compare  the  vote  at 
said  election  shall,  at  the  same  time  and  place,  and  in  the  same 
manner,  count  and  compare  the  vote  hereby  authorized  to  be 
taken.  It  shall  make  out  and  certify,  in  writing,  to  the  Judge  of 
the  Campbell  Circuit  Court  at  Newport,  the  result  of  said  election. 
If  by  said  report  it  shall  appear  that  a majority  of  the  voters, 
voting  at  said  election,  in  said  district,  are  in  favor  of  said  tax, 
said  Circuit  Judge  shall  at  once  appoint  said  Commissioners  as 
hereinbefore  provided  for. 


An  Act  to  amend  an  Act  approved  the  17th  of  April,  1882,  en- 
titled “An  Act  to  authorize  the  construction  and  maintenance 
of  a Court-house  in  Newport,  in  Campbell  county,”  and  to 
increase  the  powers  and  duties  of  the  Commissioners  of  the 
said  district.  Approved  March  13th,  1886.* 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth 
of  Kentucky: 

Section  1.  That  an  Act  approved  the  17th  of  April,  1882, 
entitled  “An  Act  to  authorize  the  construction  and  maintenance 


* This  Act  and  the  original,  held  repealed,  so  far  as  exempting  the 
Court-house  District  from  taxation  for  certain  county  purposes,  by  the 
present  Constitution  or  upon  the  adoption  of  the  general  revenue  law  of 
November  11,  1892,  except  to  the  extent  that  the  Commissioners  are  author- 
ized to  levy  a tax  to  pay  off  the  outstanding  court-house  bonds.  Campbell 
County  vs.  Newport  and  Covington  Bridge  Co.,  112  Ky.  659,  23  R.  2056. 


Court-House  Acts. 


of  a Court-house  in  Newport,  in  Campbell  county,  and  to  increase 
the  powers  and  duties  of  the  Commissioners  of  the  said  district,” 
be,  and  the  same  is  hereby  amended  by  inserting  in  the  sixteenth 
line  of  the  third  paragraph  of  said  act,  after  the  word  “mature,” 
the  words,  “and  all  other  claims  legally  chargeable  to  said  Court- 
house district.” 

Sec.  2.  Officers  — salaries — janitor — appointment. — 
The  Commissioners  for  said  Court-house  district  shall  annually  fix 
and  allow  the  Judge  of  the  Campbell  County  Court,  within  their 
discretion,  a salary  for  his  services  in  said  district,  not  to  exceed, 
however,  eight  hundred  dollars  ($800)  for  any  one  year;  and  also 
in  like  manner  to  the  County  Attorney  of  said  county  an  annual 
salary  within  the  discretion  of  said  Commissioners,  not  to  exceed 
five  hundred  dollars  ($500)  in  any  one  year,  for  his  services  in 
said  district.  They  shall  also  make  the  Treasurer  of  said  district 
an  allowance  for  his  services,  not  to  exceed  one  hundred  dollars 
($100)  per  year,  and  to  the  Clerk  of  the  district  an  annual  allow- 
ance for  his  services,  not  to  exceed  seventy-five  dollars  ($75)  per 
year.  Said  Commissioners  shall  have  the  power  to  appoint  a jani- 
tor for  said  Court-house,  and  allow  him  a monthly  compensation 
for  his  services,  not  to  exceed  sixty  ($60)  dollars  per  month. 
Said  janitor  shall  be  under  the  direction  and  control  of  the 
Commissioners,  and  removable  at  their  pleasure. 

Sec.  3.  Control  of  court-house  and  grounds. — The  said 
Commissioners  shall  have  the  control  of  said  Court-house  and 
grounds  belonging  thereto ; they  shall  cause  the  court  and  j ury 
rooms  in  said  house  to  be  properly  lighted  and  warmed  when 
required,  for  the  holding  of  the  several  Chancery,  Circuit,  Crimi- 
nal and  County  Courts ; they  shall  also  cause  the  office  rooms  of 
the  Circuit  Court  and  County  Court  Clerks,  the  Master  Commis- 
sioner and  the  Sheriff  in  said  building  to  be  lighted  and  warmed 
when  required,  and  properly  attended  to  by  said  janitor  ; they  shall 
also  cause  the  dials  of  the  clock  in  the  tower  of  said  Court-house 
to  be  illuminated  at  night,  and  they  shall  cause  the  janitor  of  said 
Court-house  to  be  in  attendance  upon  said  Courts  during  their 


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57 


Court-House  Acts. 


said  terms  at  Newport.  For  the  light  and  fuel  furnished  and 
services  rendered,  the  said  Commissioners  shall  be  allowed  by  said 
several  Courts  the  same  sum  per  day  for  the  light  and  fuel  fur- 
nished, and  the  same  sum  per  day  for  the  services  of  said  janitor 
as  are  now  allowed  and  paid  to  the  County  Jailers  for  light  and 
fuel  furnished  and  services  rendered  said  Courts.  The  allowance 
thus  made  the  Commissioners,  when  collected,  shall  be  paid  over 
by  said  Commissioners  to  the  Treasurer  and  take  a receipt  there- 
for, and  it  shall  constitute  a part  of  the  funds  of  said  district,  and 
be  held  subject  to  the  order  of  said  Commissioners. 

Sec.  4.  Poor  — care  of. — The  said  district  shall  take  care 
of  its  poor  who  reside  within  said  district  outside  of  the  corporate 
limits  of  the  Cities  of  Newport  and  Dayton,  and  the  Town  of 
Bellevue. 

Sec.  5.  Application  of  tax  levy. — Out  of  the  levy  and 
collection  of  tax  in  and  for  the  said  Court-house  district  in  Camp- 
bell county,  under  the  provisions  of  said  act  to  which  this  act  is 
an  amendment,  the  said  Commissioners  shall  first  pay  the  bonds 
and  interest  as  they  shall  severally  become  due ; secondly,  the  nec- 
essary expenses  of  maintaining  said  Court-house ; thirdly,  the  sal- 
aries of  the  County  Judge  and  County  Attorney  and  other  officers 
as  fixed  and  allowed  by  said  Commissioners ; the  cost  of  main- 
taining the  poor  of  said  district  herein  designated,  the  expense  of 
holding  National,  State  and  County  elections  in  said  district,  and 
the  fees  due  the  jailer  at  Newport,  since  the  first  day  of  Janu- 
ary, 1884,  for  persons  confined  in  said  jail  at  any  time  for  causes 
arising  in  said  Court-house  district,  provided  said  fees  would 
otherwise,  by  the  General  Statutes  of  this  State,  be  chargeable  to 
Campbell  county,  together  with  all  other  legal  claims  against  said 
Court-house  district.  All  of  said  claims  shall  be  allowed  and  paid 
at  the  end  of  the  year  in  which  they  severally  fall  due,  except  the 
bonds  and  interest  aforesaid,  which  shall  be  paid  at  their  maturity, 
as  provided  in  said  original  act. 

Sec.  6.  Sheriff  — duty. — The  Sheriff  of  Campbell  county 


i5« 


Special  Acts. 


Court-House  Acts. 


shall  pay  over  monthly  to  the  Treasurer  of  said  district  all  moneys 
collected  by  him  for  said  district,  and  shall  take  his  receipt  therefor. 

Sec.  7.  Commission  not  allowed  sheriee. — No  per  cent, 
or  commission  shall  hereafter  be  allowed  or  paid  the  Sheriff  of 
Campbell  county  upon  the  amount  of  tax  due  the  said  Court-house 
district,  which  the  said  Sheriff  shall  annually  report  and  return 
as  delinquent  and  unpaid. 

Sec.  8.  Repeal. — All  acts  and  parts  of  acts  contrary  to  the 
provisions  of  this  act  are  hereby  repealed. 

Sec.  9.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


An  Act  to  amend  an  Act,  entitled:  “An  Act  providing  for 
making  indexes  of  deeds  and  mortgages  in  the  clerk’s  offices 
at  Newport  and  Alexandria,  in  Campbell  County,”  approved 
April  22,  1884.  Approved  February  13,  1888. 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth 
of  Kentucky: 

Section  1.  Contract  eor  recording  deeds  and  mortgages. 
— The  Clerk  of  the  Campbell  County  Court  is  hereby  authorized 
to  contract  with  the  Commissioners  of  the  Court-house  District  of 
said  county  for  the  indexing  of  the  deeds  and  mortgages  recorded 
in  the  city  of  Newport  within  said  district,  and  the  said  Court- 
house Commissioners  are  authorized  to  make  provision  for  the 
payment  to  the  said  County  Clerk  for  the  doing  of  the  said 
clerical  work. 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict  herewith  are 
hereby  repealed. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


Special  Acts. 


159 


Court-House  Acts. 


An  Act  to  confirm  and  ratify  a contract  between  the  “Commis- 
sioners of  Court-house  District,”  in  Campbell  County,  and 
the  City  of  Newport,  dated  April  19,  1883.  Approved  Feb- 
ruary 27,  1888. 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth 
of  Kentucky : 

Section  1.  Ratifying  contract  with  city. — That  a con- 
tract dated  April  19,  1883,  by  and  between  the  “Commissioners 
for  the  Court-house  District,”  in  Campbell  County,  and  the  City 
of  Newport,  in  words  and  figures  as  follows : 

“Whereas,  The  Commissioners  of  the  Court-house  District 
were,  by  an  act  of  the  General  Assembly  of  the  State  of  Ken- 
tucky, entitled  ‘An  Act  to  authorize  the  construction  and  main- 
tenance of  a court-house  in  Newport,  in  Campbell  county,’ 
approved  April  17,  1882,  created  and  authorized  to  build  a new 
court-house  in  the  City  of  Newport  on  the  site  of  the  present 
court-house ; and,  whereas,  the  present  court-house  is  built  on 
what  is  known  as  the  ‘public  square,’  upon  which  is  also  built 
other  public  buildings,  including  two  buildings  fronting  in  a line 
immediately  with  the  present  court-house,  one  used  for  offices,  in 
part  for  city  and  in  part  for  county  officials,  and  the  other  solely 
for  city  officials ; and,  whereas,  the  ‘site  of  said  two  buildings  is 
necessary  to  the  proper  construction  of  said  new  court-house ; 
and,  whereas,  it  is  further  necessary  to  the  proper  construction  of 
said  new  court-house  that  a sewer  be  constructed  from  the  said 
new  court-house  to  the  Ohio  river ; and,  whereas,  it  is  desirable 
for,  and  beneficial  to,  the  general  public  that  the  offices  of  both 
county  and  city  officials  should  be  in  the  same  building;  now, 
therefore,  this  contract,  entered  into  this  nineteenth  day  of  April, 
1883,  by  and  between  the  ‘Commissioners  for  the  Court-house 
District,’  party  of  the  first  part,  and  the  City  of  Newport,  party 
of  the  second  part,  witnesseth : that  in  consideration  of  the  party 
of  the  second  part  allowing  the  party  of  the  first  part  to  tear  down 


i6o 


Special  Acts. 


Court-House  Acts. 


the  two  buildings  north  of  the  present  court-house  in  the  preamble 
mentioned,  use  the  material  therein  and  the  site  thereof  for  build- 
ing said  new  court-house,  and  the  further  consideration  of  the 
party  of  the  second  part  furnishing  water  without  charge,  and 
building  and  keeping  in  repair  a sewer  from  said  new  court-house 
to  the  Ohio  river,  all  of  which  several  things  the  party  of  the 
second  part  hereby  contracts  and  agrees  to  and  with  the  party  of 
the  first  part  to  do,  the  party  of  the  first  part  contracts  and  agrees 
to  and  with  the  party  of  the  second  part  that  they  will  provide 
suitable  rooms  in  said  new  court-house  for  the  perpetual  use  of 
the  party  of  the  second  part,  one  in  which  the  mayor’s  court  may 
be  held,  and  for  a mayor’s  office,  a city  treasurer’s  office,  a city 
clerk’s  office,  a city  engineer’s  office,  a water-works  office,  and  an 
office  for  the  chief  of  police ; said  offices  to  be  furnished,  including 
the  building  of  necessary  vaults  for  the  safekeeping  of  records  by 
the  party  of  the  second  part ; the  party  of  the  second  part  to  light 
and  heat  said  rooms  and  to  pay  the  janitor  for  said  building,  who 
is  to  be  employed  by  the  parties  of  the  first  part.  This  contract 
is  to  have  no  binding  force  or  effect  until  ratified  and  approved 
by  an  act  of  the  Kentucky  Legislature.  In  witness  thereof,  the 
parties  hereto  have,  the  day  and  year  first  above  mentioned,  set 
their  hands  hereto  and  a duplicate  hereof.  The  party  of  the 
second  part,  by  its  Mayor,  pursuant  to  the  order  of  its  Board  of 
Councilmen. 

Wm.  H.  Harton,  Mayor. 
George  E.  Clymer. 

R.  W.  Nelson. 

John  Cline/' 

Be,  and  the  same  is  hereby,  ratified  and  confirmed,  and  power 
and  authority  vested  in  the  parties  to  the  same  to  so  contract ; 
and  said  contract  shall  be  enforceable  and  binding  on  each  of  said 
parties  as  though,  at  the  execution  thereof,  each  had  the  power 
and  authority  to  so  contract. 

Sec.  2.  This  act  shall  be  in  force  and  effect  from  and  after 
its  passage. 


Special  Acts. 


161 


Court-House  Acts. 


An  Act  concerning  the  Court-house  District  in  Campbell  County. 

Became  a law  March  25,  1898,  without  approval  of  Gov- 
. ernor.* 

Whereas,  In  the  county  of  Campbell,  Circuit  and  County 
Courts  are  held,  and  all  the  county  officers  have  offices  in  the  city 
of  Newport,  as  well  as  in  Alexandria,  the  county  seat;  and 
whereas,  the  court-house  wherein  the  said  courts  are  held,  and 
where  the  said  officers  are,  was  built,  and  has  been,  and  is,  main- 
tained under  the  provisions  of  Acts  of  the  General  Assembly, 
entitled  “An  Act  to  authorize  the  construction  and  maintenance 
of  a court-house  in  Newport,  in  Campbell  county,”  approved 
April  17,  1882,  and  “An  Act  to  amend  an  Act  approved  April  17, 
1882,  entitled  ‘An  Act  to  authorize  the  construction  and  mainte- 
nance of  a court-house  in  Campbell  county,  and  to  increase  the 
powers  and  duties  of  the  Commissioners  of  the  said  district,’  ” 
approved  March  T3,  1886 ; and,  whereas,  by  the  provision  of  said 
acts,  in  addition  to  providing  for  the  payment  of  the  bonds  and 
coupons  issued  to  build  said  court-house,  and  the  expense  of  main- 
taining the  said  court-house,  the  Commissioners  are  requried  to 
pay  a part  of  the  regular  governmental  expenses  of  the  county, 
and  persons  and  property  in  the  district  created  for  the  purpose 
of  building  and  maintaining  said  court-house  are  made  exempt 
from  county  taxation;  and,  whereas,  dispute  between  the  district 
and  county  officers  has  arisen  therefrom ; and,  whereas,  it  is  in 
keeping  with  the  spirit  of  uniformity  of  government  throughout 


* In  the  case  styled  Campbell  County,  etc.,  vs.  Commissioners  for 
Court-house  District  and  City  of  Newport,  No.  14,602,  in  the  Campbell 
Circuit  Court,  the  Circuit  Court  considering  the  foregoing  acts  in  relation 
to  the  Court-house  District,  adjudged  that  it  is  the  duty  of  the  Court-house 
Commissioners  to  levy  taxes  for,  and  to  provide  and  maintain  suitable 
rooms  and  offices  for  the  Circuit  Judge  and  Court  and  attending  officers, 
County  Judge  and  County  Clerk,  Sheriff,  County  Assessor,  and  other  county 
officers  in  the  court-house  in  the  city  of  Newport,  Ky.  This  case  is  now 
pending  on  appeal  to  the  Court  of  Appeals.  n / . 


( 11  N ) 


Special  Acts. 


162 


Court-House  Acts. 


the  State,  established  by  the  present  Constitution,  that  the  Fiscal 
Court  control  the  levy  of  taxes  for  the  purpose  of  paying  all 
county  governmental  expenses,  and  that  the  Commissioners  of 
the  court-house  district  shall  pay  the  bonds  and  interest  thereon, 
issued  to  pay  for  building  the  court-house  at  Newport,  and  the 
expenses  entailed  by  the  holding  the  additional  courts,  and  having 
the  additional  offices  in  Newport,  for  the  benefit  of  the  district 
alone ; and,  whereas,  a like  situation  does  not,  and  can  not,  under 
the  present  Constitution,  exist  elsewhere  in  the  State,  a special 
act  is  necessary ; now,  therefore, 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth 
of  Kentucky : 

1.  Repeal  oe  exemptions. — That  so  much  of  acts  of  the 
General  Assembly,  entitled  “An  Act  to  authorize  the  construc- 
tion and  maintenance  of  a court-house  in  Newport,  in  Campbell 
county,”  approved  April  17,  1882,  and  “An  Act  to  amend  an  Act 
approved  April  17,  1882,  entitled  ‘An  Act  to  authorize  the  con 
struction  and  maintenance  of  a court-house  in  Newport,  Campbell 
county,  and  to  increase  the  powers  and  duties  of  the  Commission- 
ers of  the  said  district,’  ” approved  March  13,  1886,  as  exempt 
from  taxation  by  the  Fiscal  Court  of  Campbell  county,  persons 
residing  or  property  situate  in  the  district  created  by  said  acts  be, 
and  the  same  is,  now  repealed. 

2.  Tax  eor  payment  oe  bonds  and  maintenance  oe 
court-house. — That  all  of  said  acts  which  provide  for  the  Com- 
missioners paying  any  part  of  the  county  expenses,  or  paying  any- 
thing more  than  the  bonds  and  interest  coupons  thereon,  issued 
to  build  the  court-house  and  the  expense  of  maintaining  the  court- 
house and  the  courts  and  officers  therein,  be  and  the  same  is 
now  repealed ; and  said  Commissioners  shall  continue  to  levy  and 
collect  the  tax  provided  for  in  said  act  for  said  purposes,  and 
none  other. 

3.  Nothing  herein,  however,  shall  exempt  the  Commission- 
ers from  paying  the  debt  they  now  owe  to  the  Fiscal  Court. 

4.  The  Commissioners  shall  not,  after  the  year  1898,  levy  a 


Special  Acts. 


163 


Newport  and  Covington  Bridge  Company. 


tax  exceeding  six  cents  on  the  one  hundred  dollars’  valuation  of 
property. 

5.  This  .act  shall  take  effect  ninety  days  after  the  final 
adjournment  of  the  Legislature. 


NEWPORT  AND  COVINGTON  BRIDGE  COMPANY. 


An  Act  incorporating  the  Newport  and  Covington  Bridge  Com- 
pany. Approved  January  1st,  1852.* 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth 
of  Kentucky: 

Section  1.  Corporators  — corporate  name  — purpose  — 
powers. — That  Henry  H.  Mayo,  Thomas  L Jones,  George  R. 
Fearons,  James  L.  Doxon.  Richard  H.  Hayman,  Edward  L. 
Southgate,  F.  A.  Miller  and  H.  C.  Gazawav,  of  the  City  of  New- 
port; and  A.  Greer,  M.  M.  Benton,  John  W Stevenson,  Samuel 
Walker  and  James  Southgate,  of  the  City  of  Covington,  be,  and 
they  are  hereby,  created  a body  politic  and  corporate,  by  the  name 
and  style  of  “ The  Newport  and  Covington  Bridge  Company,” 
for  the  purpose  of  constructing  one  or  more  permanent  bridges 
across  Licking  river  from  the  City  of  Newport  to  the  City  of 
Covington,  at  such  point  or  points  as  may  be  deemed  best ; and 
they,  and  those  who  become  stockholders,  as  hereinafter  provided 
and  their  successors,  shall  continue  and  have  perpetual  succession, 
and,  by  that  name  and  style,  are  hereby  made  capable  in  law  as 


* The  cities  of  Covington  and  Newport,  pursuant  to  Section  3 of  this 
Act,  became  and  are  the  owners  of  the  whole  amount  of  stock,  each  city 
owning  one-half  thereof.  The  cities  have  by  custom  alternated  in  the  selec- 
tion of  directors,  three  out  of  the  five  being  chosen  alternately  from 
each  city. 

By  Act  approved  April  15,  1881,  members  of  the  City  Council  are 
ineligible  while  members,  and  for  one  year  after  the  expiration  of  their 
office,  to  become  directors. 


164 


Special  Acts. 


Newport  and  Covington  Bridge  Company. 


natural  persons  to  contract  and  be  contracted  with,  sue  and  be 
sued,  plead  and  be  impleaded,  in  all  courts  of  law  or  equity ; and 
to  make,  annul,  and  use  a common  seal,  and  the  same  to  break  or 
alter  at  pleasure.  They  shall  also  have  the  power  to  purchase  and 
hold  as  much  real  estate  as  will  be  needed  for  the  sites  of  said 
bridge  or  bridges,  or  for  the  abutments,  piers,  toll-houses,  and 
suitable  avenues  leading  to  the  same.  They  shall  have  the  right 
to  borrow  money,  not  exceeding  the  capital  stock  hereinafter  men  - 
tioned ; but  not  to  have  or  exercise  the  privilege  of  loaning  money, 
or  issuing  bills  or  notes  on  banking  principles.  They  shall  have 
power  to  establish  such  by-laws,  ordinances  and  regulations  as 
shall  be  deemed  necessary  for  the  good  government  of  said  cor- 
poration, not  inconsistent  with  the  laws  and  constitution  of  this 
State  or  the  United  States. 

Sec.  2.  Capital  stock  — officers  — election  — stock- 
holders' meeting. — The  capital  stock  of  said  company  shall  con- 
sist of  one  thousand  shares,  of  twenty-five  dollars  each,  to  be 
increased  to  three  times  that  amount  and  number  of  shares,  or  to 
any  amount  and  number  of  shares  which  may  be  deemed  neces- 
sary for  the  erection  of  one  or  more  bridges,  as  aforesaid,  by  said 
company,  not,  however,  to  exceed  three  times  the  capital  stock  as 
herein  provided  for,  which  shall  be  subscribed  for  and  sold  in  the 
manner  hereinafter  named.  The  persons  named  as  aforesaid,  or  a 
majority  of  them,  shall  cause  a public  advertisement  to  be  made 
of  the  time  and  place  of  opening  books  for  the  subscription  of 
stock,  which  shall  be ‘kept  open  until  at  least  two  hundred  and 
fifty  shares  shall  be  subscribed ; and  when  said  two  hundred  and 
fifty  shares  shall  be  subscribed,  the  said  persons,  or  a majority  of 
them,  shall  advertise  a meeting  of  the  stockholders,  who  shall 
thereupon  proceed  to  the  election  of  five  directors,  who  shall  be 
residents  of  the  State  of  Kentucky ; and  said  directors  shall  elect 
one  of  their  body  as  president ; and*  the  said  president  and  directors 
shall  fix  what  compensation  the  said  president,  and  such  other 
officers  and  agents  as  they  may  appoint,  shall  be  entitled  to  receive. 
At  the  election  of  directors,  each  shareholder  shall  be  entitled  to 
one  vote  for  each  share  he  may  own  to  the  number  of  five,  and 


Special  Acts. 


165 

Newport  and  Covington  Bridge  Company. 


one  vote  for  every  three  shares  over  five ; and  said  shares  shall 
be  voted  in  person  or  by  written  proxy.  The  said  directors,  thus 
elected,  shall  continue  in  office  until  the  first  Monday  in  June 
ensuing  the  election  thereof,  and  until  others  are  chosen.  On  the 
first  Monday  in  June,'  in  each  year,  the  stockholders  shall  meet, 
in  person  or  by  proxies,  at  their  office,  and  elect  directors  for  the 
ensuing  year,  who  shall  elect  a president  as  aforesaid.  At  such 
annual  meetings  a full  and  fair  statement  of  the  affairs  of  the 
company  shall  be  made  out  and  presented  to  the  meeting,  and 
such  dividends  of  the  profits  declared  as  may  be  deemed  advisable. 

Sec.  3.  Organization  — - right  op  cities  to  subscribe. — 
The  entire  business  and  management  of  the  corporation  shall  be 
under  the  control  of  said  board  of  president  and  directors,  or  a 
majority  of  them ; and  they  shall  make  such  calls  on  the  share- 
holders, payable  at  such  periods  and  places  as  they  may  deem 
proper,  with  such  conditions  of  forfeiture  for  non-compliance,  not 
exceeding  the  amount  of  stock  delinquent,  as  they  may  deem  right 
and  proper.  The  said  persons,  or  a majority  of  them,  or  the  said 
directors,  or  a majority  of  them,  may,  from  time  to  time,  open 
books  to  receive  subscriptions  of  stock,  until  the  whole  amount 
thereof  be  subscribed ; Provided That  the  cities  of  Newport  and 
Covington,  or  either  of  them,  the  other  refusing,  shall  have  power 
to  subscribe  the  whole  or  any  part  of  said  capital  stock  within 
ninety  days  after  the  books,  as  aforesaid,  are  thus  opened,  to  the 
exclusion  of  every  individual  or  individuals  or  other  corporations; 
and  the  board  of  common  council  of  said  cities  are  hereby  author- 
ized and  empowered  to  borrow  any  sum  or  sums  of  money  that 
may  be  deemed  necessary  for  that  purpose,  in  such  manner  and  at 
such  times  as  may  be  deemed  best,  and  to  issue  bonds  therefor  at 
a rate  of  interest  not  exceeding  ten  per  centum  per  annum,  and 
pledge  the  stock  of  said  city  or  cities,  in  said  bridge  or  bridges,  for 
the  payment  of  the  principal  and  interest  of  said  bonds ; but  after 
the  expiration  of  ninety  days  after  said  books  shall  have  been 
opened,  as  aforesaid,  the  whole  or  any  part  of  said  capital  stock, 
which  has  not  been  subscribed  by  said  cities,  may  be  subscribed  by 
individuals  or  corporations.  The  said  Board  may  appoint  a Clerk, 


Special  Acts. 


i 66 


Newport  and  Covington  Bridge  Company. 


Treasurer,  and  such  other  officers  or  agents  as  they  may  deem 
needful,  and  allow  them  such  compensation  as  they  may  deem 
proper,  and  make  such  rules  and  regulations,  in  order  to  enforce 
a faithful  discharge  of  their  duties,  as  to  them  may  seem  fit.  The 
said  Board  may  make  contracts  with  any  person  or  corporation 
touching  the  business  or  affairs  of  the  company,  and  do  all  things 
needful  for  the  erection  and  completion  of  said  bridge  or  bridges. 
They  may  require  and  take  such  bond  or  other  security,  in  their 
corporate  name,  from  any  person  or  persons  they  may  so  appoint 
or  contract  with ; and  in  the  event  of  the  death,  resignation,  or 
vacancy  of  a director,  or  of  the  president,  said  Board  may  supply 
the  vacancy. 

Sec.  4.  Bridge  site. — The  said  Board  shall  have  power  to 
purchase  and  receive  the  conveyance  of  a site  or  sites  for  said 
bridge  or  bridges,  abutments  and  piers. 

Sec.  5.  Rates  oe  toll. — That  the  president  and  directors 
shall  have  the  right  to  fix  the  rates  of  toll  for  passing  over  said 
bridge  or  bridges,  and  to  collect  the  same  from  all  and  every 
person  or  persons  passing  thereon,  with  their  goods,  carriages  and 
animals  of  every  description  and  kind  ; and  the  rates  of  toll  shall 
be  posted  up  in  some  conspicuous  place  where  the  toll  is  demanded. 

Sec.  6.  Penalty  for  injuring  bridge  — evading  toll. — 
If  any  person  or  persons  shall  willfully  do  any  act  or  thing  what- 
ever, whereby  the  said  bridge  or  bridges,  or  any  part  thereof,  or 
anything  attached  thereto,  is  injured  or  damaged,  the  said  person 
or  persons,  so  offending,  shall  each  forfeit  and  pay  three  times 
the  amount  of  the  damage  thus  done  or  sustained,  with  costs  of 
suit,  recoverable  before  any  court  of  competent  jurisdiction,  bv 
suit  in  the  name  of  said  company,  and  shall  likewise  be  subject  to 
fine  or  imprisonment,  upon  an  indictment  of  a grand  jury,  in  anv 
number  of  days,  in  the  discretion  of  a petit  jury ; and  if  any  person 
shall  pass  or  attempt  to  pass  such  bridge  or  bridges  without  pay- 
ing the  toll,  if  there  be  any  person  present  to  receive  the  same,  he 
or  she  shall  forfeit  and  pay  three  times  the  amount  of  the  tolls, 
recoverable  before  any  Justice  of  the  Peace,  Mayor,  or  Police 


Special  Acts. 


167 


Newport  and  Covington  Bridge  Company. 


Judge.  And  if  any  person  or  persons  shall  willfully  set  fire  to 
said  bridge  or  bridges,  or  either  of  them,  or  any  part  thereof,  or 
cause  the  same,  or  either  of  them,  to  be  burned,  in  whole  or  in 
part,  such  person  or  persons,  so  offending,  shall  be  held  and 
deemed  guilty  of  arson,  and  punished  accordingly. 

Sec.  7.  Condemnation  proceedings. — If  the  owner  of  any 
land  necessary  for  the  abutments,  the  site,  or  any  avenue  leading 
thereto,  so  as  to  connect  the  said  bridge  or  bridges  with  the  streets 
of  said  cities,  on  either  side  of  said  river,  shall  object  to  sell  said 
land,  at  such  price  as  the  Board  may  think  reasonable,  it  shall  be 
lawful  for  said  Board  to  apply  to  the  Mayor  of  the  City  of  New- 
port, should  the  land  be  situated  in  the  City  of  Newport,  or  to  the 
Mayor  of  the  City  of  Covington,  if  situated  in  the  City  of  Coving- 
ton, for  a writ  of  ad  quod  damnum  to  issue,  and  which  may  be 
issued,  directed  to  the  Marshal  of  the  city  in  which  the  land  may 
be  situated,  requiring  him  to  summon  a jury  of  freeholders  of 
the  city,  who  shall  be  disinterested ; and  said  Marshal  shall  have 
power  to  supply,  by  summons,  other  persons  to  act  as  jurors,  if. 
needed,  qualified  as  aforesaid;  and  the  said  jurors  shall  be  sworn 
by  said  Marshal,  well  and  truly  to  inquire  the  value  of  the  land 
to  be  condemned,  and  the  damage  thereby  resulting  to  the  owner 
thereof,  according  to  the  facts  and  evidence  submitted  to  them  by 
the  parties.  The  verdict  of  the  jury,  when  rendered,  signed  and 
sealed  by  said  jury,  shall  be  forthwith  returned  to  said  Mayor, 
and  if  no  legal  and  valid  exception  be  taken  thereto,  the  same  shall 
be  entered  of  record  by  him ; and  if,  at  any  time  within  one  year 
thereafter,  the  amount  so  assessed  shall  be  paid,  the  title  to  the 
land  applied  for  and  thus  condemned  shall  vest  in  said  com- 
pany; and  the  Mayor  aforesaid,  who  shall  have  issued  the  writ, 
shall  execute  a deed  of  conveyance  thereof,  which  shall  pass  the 
legal  title. 

Sec.  8.  Cities  may  purchase. — The  cities  of  Newport  and 
Covington,  or  either  of  them,  the  other  refusing  to  join,  may,  at 
any  time  after  ten  years,  be  at  liberty  to  purchase  the  said  bridge 
or  bridges,  by  paying  the  original  cost  thereof,  with  six  per 
centum  interest  thereon,  should  the  stock  in  said  company  be  sub- 


Special  Acts. 


i 68 


Sewer  Act. 


scribed,  in  part  or  in  whole,  by  individuals  or  other  corporations 
than  said  cities. 

Sec.  9.  Navigation  not  to  be  obstructed. — Nothing  in 
this  act  shall  be  so  construed  as  to  give  to  said  company  power  to 
erect  a bridge  or  bridges  which  will  obstruct  the  free  and  common 
navigation  of  said  Licking  river. 


SEWER  ACT. 

An  Act  to  provide  for  sewerage  in  the  City  of  Newport.* 

Approved  April  16,  1890. 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth 
of  Kentucky: 

Section  1.  Sewerage  districts. — That  the  Board  of  Coun- 
cilmen  of  the  City  of  Newport  shall  divide  said  city  into  sewerage 
districts,  having  in  view  the  economical  construction  of  a system 
of  sewerage  adequate  to  the  needs  of  the  city  and  the  water-sheds 
of  the  territory  included  therein.  They  shall  employ  engineers 
skillful  in  such  matters,  who,  together  with  the  City  Engineer, 
shall  report  to  the  said  Board  one  or  more  such  divisions,  and  also 
one  or  more  schemes  for  sewering  same,  showing  dimensions  of 
the  several  sewers  in  the  district,  and  such  other  data  as  they  deem 
proper,  together  with  estimates  of  the  cost  of  the  system  reported 
in  each  district,  and  estimates  of  the  rate  of  tax  on  the  one  hun- 
dred dollars’  valuation,  according  to  the  then  assessed  value  of 
real  estate  in  the  several  districts,  it  will  require  each  year  for 
twenty  years  to  pay  interest  at  the  rate  of  five  per  cent,  on  the 
unpaid  part  and  one-twentieth  of  the  whole  cost  according  to  the 
several  schemes.  The  City  Engineer,  by  and  with  the  consent  of 


* Construction  of  sewers  under  this  act  since  the  present  charter  act 
upheld  in  Warren  vs.  City  of  Newport,  23  R.  1006,  and  Dyer  vs.  City  of 
Newport,  26  R.  204. 


Special  Acts. 


169 


Sewer  Act. 


the  Board  of  Conncilmen  as  to  number  and  compensation,  may 
employ  such  assistants  as  may  be  necessary  to  enable  him  to  secure 
data  proper  and  necessary  in  the  preparation  of  such  report.  Said 
division  into  districts  shall  be  made  by  ordinance,  which  shall  des- 
ignate the  several  districts  by  letters ; and  when  the  ordinance  shall 
have  been  adopted,  no  district  for  the  sewerage  of  which  bonds 
may  have  been  issued  shall  thereafter  be  changed. 

Sec.  2.  District  — how  ordered  sewered. — Any  district 
may  be  ordered  to  be  sewered  by  ordinance  passed  by  the  Board 
of  Councilmen  in  the  usual  way,  provided  that  the  owners  of 
property  in  the  said  district,  the  total  assessment  of  which  is  more 
than  one-half  of  the  total  assessment  of  all  property  in  the  district 
petitioned  therefor,  or  without  such  petition  if  two-thirds  of  the 
members-elect  to  said  Board  vote  therefor,  on  a call  of  the  yeas 
and  nays,  which  shall  be  recorded  on  the  journal. 

Sec.  3.  Ordinance  — requirements  oe. — The  ordinance 
shall  direct  the  City  Engineer  to  report  all  plans  and  specifications 
for  the  work  and  an  estimate  of  its  entire  cost  and  also  an  esti- 
mate of  the  rate  of  tax  on  the  one  hundred  dollars’  valuation, 
according  to  the  then  assessed  value  of  real  estate  in  the  district, 
it  will  require  each  year  for  twenty  years  to  pay  interest  at  the 
rate  of  five  per  cent,  on  the  unpaid  part  of  and  one-twentieth  of 
the  whole  cost.  The  ordinance  may  provide  for  the  employment 
of  consulting  engineers  and  assistants  by  the  City  Engineer  in  the 
preparation  of  said  plans  and  specifications  The  Board  of  Coun- 
cilmen shall  adopt  either  the  plans  or  specifications  reported,  or 
others,  if  others ; before  any  contract  is  let,  the  City  Engineer  shall 
prepare  and  report  like  estimates  on  the  plans  and  specifications 
adopted  as  reported  on  his  first  plans  and  specifications.  When 
plans  and  specifications  shall  have  been  duly  adopted  and  estimates 
of  cost  shall  have  been  reported,  then  the  Board  of  Councilmen 
may  cause  advertisements  to  be  had  for  bids  for  the  construction 
of  sewers  in  the  district  according  to  the  said  plans  and  specifica- 
tions, either  for  the  whole  system  or  for  different  parts  of  same, 
or  both,  in  their  discretion.  All  bids  shall  be  on  blanks  furnished 
by  the  city,  and  no  bids  shall  be  entertained  unless  accompanied 


170 


Special  Acts. 


Sewer  Act. 


by  the  obligation  of  two  responsible  sureties , acceptable  to  the 
Board  of  Councilmen,  that  they  will  become  sureties  for  the  bidder 
that  his  contract  will  be  fully  performed  if  his  bid  be  accepted. 
No  bid  which  is  higher  than  the  estimated  cost  shall  be  received ; 
if  there  be  no  bids  within  the  estimate,  or  the  Board  of  Council- 
men  think  it  proper,  a re-advertisement  shall  be  had,  and  this 
course  shall  be  continued  until  a bid  within  the  estimate  and  satis- 
factory to  the  Board  be  received.  The  said  Board  may,  on  a vote 
of  two-thirds  of  the  members-elect,  on  a call  of  the  yeas  and  nays, 
which  shall  be  recorded,  order  a new  estimate  of  cost  to  be  made, 
under  which  the  contract  may  be  let,  as  provided  under  the  first 
estimate.  When  a bid  has  been  accepted,  a contract  shall  be  exe- 
cuted by  the  bidder  and  his  sureties  with  the  city  for  the  construc- 
tion of  the  sewers  according  to  the  plans  and  specifications,  and 
providing  that  the  contractor  shall  take,  at  the  option  of  the  city, 
bonds  herein  provided  for  in  payment  at  their  face  value.  All 
work  done  and  material  furnished  shall  be  under  and  subject  to 
the  inspection  and  supervision,  approval  or  rejection,  of  the  Board 
of  Improvements  of  the  City  of  Newport  ; which  said  Board  is 
hereby  constituted  the  sole  and  final  arbitrators  to  determine 
whether  said  work  is  being  constructed  or  has  been  completed 
according  to  contract,  and  on  their  report  the  Board  of  Council- 
men  shall  accept  or  reject  said  work,  and  if  they  reject  it,  they 
shall,  at  the  cost  of  the  contractor  and  his  sureties,  in  such  manner 
as  they  may  deem  best,  have  the  work  done  to  conform  to  the  con- 
tract. From  time  to  time,  as  the  work  progresses,  the  Engineer 
shall  make  estimates  of  the  work,  which,  when  approved  by  said 
Board,  shall  authorize  the  Board  of  Councilmen  to  pay  to  the 
contractor  on  account  of  the  contract  not  more  than  eighty  per 
cent,  of  the  estimate. 

Sec.  4.  Bonds  — form,  etc. — When  the  contract  or  con- 
tracts for  sewering  any  district  shall  have  been  entered  into,  bonds 
of  the  City  of  Newport,  to  be  denominated  “ Sewerage  Bonds,” 
shall  be  issued  in  denominations  of  one  thousand,  five  hundred, 
and  one  hundred  dollars,  or  either  or  all,  which,  under  the  circum- 
stances, shall  be  most  desirable,  to  an  amount  equal  to  or  the  least 


Special  Acts. 


171 


Sewer  Act. 


possible  excess  of  a sum  sufficient  to  pay  the  contract  price  for  the 
work  and  the  incidental  cost  of  preparing  to  and  letting  the  con- 
tract. They  shall  designate  the  sewerage  district  for  the  sewerage 
of  which  they  are  issued,  and  the  bonds  shall  be  numbered  con- 
secutively ; they  shall  be  dated  the  first  of  January  or  the  first  of 
July  next  succeeding  and  nearest  the  date  of  the  contracts ; they 
shall  bear  interest  at  a rate  not  to  exceed  five  per  cent,  per  annum, 
payable  semi-annually,  which  shall  be  represented  by  coupons 
attached  to  the  bonds ; they  and  the  coupons  attached  shall  be  pay- 
able at  the  City  Treasurer’s  office.  The  bonds,,  twenty-one  years 
after  date,  and  one-twentieth  in  amount  of  them  as  nearly  as  they 
may  be  divided,  shall,  at  the  option  of  the  city,  be  payable  each 
year  for  the  first  twenty  years.  Said  option  shall  be  indorsed 
across  the  face  of  each  bond,  designated  after  what  number  of 
years  the  bond  may  be  paid.  All  bonds  shall  have  the  city  seal 
affixed,  and  be  signed  by  the  Mayor  and  City  Clerk,  and  the  cou- 
pons by  the  Clerk  alone.  All  bonds  shall  be  engraved  alike,  and 
the  only  blanks  in  them  shall  be  the  spaces  for  numbering  and 
lettering,  and  for  the  number  of  years  after  which  the  city  may, 
at  its  option,  redeem  same.  The  option  of  the  city  to  redeem 
bonds  shall  be  declared  by  notice,  designating  the  bonds  to  be 
redeemed  by  district  letter  and  bond  number,  posted  in  a conspic- 
uous place  in  the  City  Treasurer’s  office  for  the  first  ten  days  of 
either  January  or  July  each  year,  and  interest  shall  cease  on  the 
Bonds  so  designated  from  the  date  of  the  notice.  The  City  Clerk 
shall  keep  a record  of  said  bonds,  showing  such  facts  as  the  Board 
of  Councilmen  may  by  resolution  direct.  The  Board  of  Council- 
men  shall  each  year,  at  the  same  time  they  are  required  by  law  to 
pass  the  ordinance  levying  the  general  and  current  taxes  of  the 
city,  pass  an  ordinance  levying  an  ad  valorem  tax  on  the  real 
estate  in  the  district,  at  the  then  assessed  value  thereof,  sufficient 
to  pay  the  interest  for  the  year  on  the  bonds  issued,  and  the  bonds 
which  the  city  may  redeem  that  year,  and  direct  the  City  Clerk 
to  add  the  same  as  an  item  in  the  regular  tax  bills  for  that  year, 
and  said  item  shall  be  subject  to  the  same  penalties  and  collected 
in  the  same  way  as  the  balance  of  the  bill,  and  in  an  action  or 


172 


Special  Acts. 


General  Note. 


proceeding  to  collect  the  same,  the  tax  bill  shall  be  prima  facie 
evidence  that  all  necessary  proceedings  were  had  to  authorize  the 
tax.  After  the  bonds  shall  be  issued,  no  defect  in  the  proceedings 
shall  validate  the  levy  of  the  tax  or  delay  its  collection.  Neither 
bonds  nor  coupons  shall  be  destroyed,  but  as  soon  as  paid  the 
word  “Paid”  shall  be  cut  out  of  the  center  of  the  bond  and 
coupon,  and  they  shall  be  filed  away,  each  district  separately,  and 
kept  for  ten  years  after  the  maturity  of  the  last  bond  of  the  dis- 
trict. No  action  shall  be  allowed  to  charge  the  City  of  Newport, 
or  any  property  herein,  on  any  of  said  bonds  or  interest  coupons 
ten  years  after  maturity. 

Sec.  5.  Bonds  — delivered  to  city  treasurer  — how 
sold. — When  said  bonds  are  executed,  they  shall  be  delivered  by 
the  Mayor  and  Clerk  to  the  City  Treasurer,  who  shall  give  a 
receipt  therefor,  but  before  such  delivery  or  the  execution  of  said 
bonds,  the  City  Treasurer  shall  give  a bond  with  two  or  more 
sureties,  acceptable  to  the  Board  of  Councilmen  to  faithfully  keep, 
pay  over  and  account  for  said  bonds  or  their  proceeds,  as  directed 
by  said  Board  of  Councilmen.  The  Board  of  Councilmen  may  sell 
said  bonds,  but  not  for  less  than  their  face  value,  either  in  whole 
or  in  part,  at  one  time  or  at  several  times,  or  may  deliver  the  bonds 
to  the  contractor,  as  in  their  discretion  may  seem  best.  Any  sur- 
plus funds  that  may  arise  in  issuing  bonds  or  from  the  sale  of 
them  shall  be  applied  to  reduce  the  annual  levy  authorized  hereby 
to  pay  interest  and  principal  of  said  bonds. 

Sec.  6.  This  act  shall  take  effect  from  and  after  its  passage. 


GENERAL  NOTE. 

In  addition  to  the  acts  set  out  in  full  herein  before,  the  following  may 
be  noted  in  reference  to  certain  liabilities,  rights  and  properties  of  the  city: 

(1)  Newport  was  first  established  by  “An  Act  to  establish  the  town 
of  Newport,”  approved  December  14,  1795. 

(2)  The  present  name  and  style,  “City  of  Newport,”  was  first  fixed 


Special  Acts. 


i73 


General  Note. 


by  an  Act  approved  February  21,  1849,  providing,  “That  the  name  and  style 
of  the  town  of  Newport  shall  be  changed  to  that  of  the  city  of  Newport.” 

(3)  Bonds. — Outstanding,  issued  under  special  Acts,  and  not  re- 
funded under  the  provisions  of  the  present  laws,  were  issued  under  the 
following  Acts,  respectively : 

20  years,  Redemption,  $81,500.00,  dated  July  1,  1886,  issued  under 
Act  approved  April  28,  1886. 

25  years,  Licking  Bridge,  $37,000.00,  dated  July  1,  1886,  issued  under 
Act  approved  March  18,  1886. 

25  years,  Newport  Street,  $124,600.00,  sundry  dates,  issue’d  under 
Act  approved  April  24,  1890. 

x — 20  years,  Sewerage,  $214,200.00,  sundry  dates,  issued  under  Act 
approved  April  16,  1890. 

The  following  are  outstanding  funding  and  refunding  bonds  issued 
under  the  present  laws  relating  to  cities  of  the  second  class,  to  fund  the 
floating  debt  and  refund  bonds  of  previous  issue : 

30  years,  Water-works  Renewal,  $539,000.00,  dated  January  1,  1901. 

20  years,  Refunding,  $92,000.00,  dated  May  1,  1894. 

20  years,  Flood  Refunding,  $35,000.00,  dated  July  1,  1904. 

20  years,  Refunding,  $10,000.00,  dated  February  1,  1894. 

20  years,  Funding,  $45,500.00,  dated  August  1,  1893. 

20  years,  Funding,  $7,000.00,  dated  October  1,  1893. 

The  foregoing  represent  the  total  bonded  indebtedness  of  the  city  of 
Newport  as  of  December  31,  1904,  with  the  exception  of  a $1,000.00  water- 
works bond,  matured,  but  not  demanded.  The  above  does  not  include  the 
bonded  indebtedness  of  the  Board  of  Education. 

(4)  Cemetery. — By  virtue  of  an  Act  to  incorporate  the  “ Newport 
Cemetery  Company,”  passed  February  5,  1866,  vesting  in  said  corporation 
the  title  of  all  lands  theretofore  purchased  by  the  city  of  Newport  for  cem- 
etery purposes,  with  the  consent  of  said  city,  and  by  deed  from  the  city  of 
Newport  to  the  Newport  Cemetery  Company,  of  date  November  2,  1866, 
recorded  in  Deed  Book  4,  page  373,  made  pursuant  to  said  act,  the  right  is 
given  to  the  city  of  interring  its  pauper  dead  in  said  company’s  cemetery. 

(5)  Esplanade  or  Common. — By  Section  7 of  the  original  Act  estab- 
lishing the  town  of  Newport,  referred  to  above,  it  was  provided  “that  such 
part  of  said  town  as  lies  between  the  lots  and  the  rivers  Ohio  and  Licking, 
as  will  appear  by  reference  to  said  plat,  shall  forever  remain  for  the  use 
and  benefit  of  the  said  town  for  a common ; reserving  to  the  said  James 
Taylor  and  his  heirs  and  assigns  every  advantage  and  privilege  which  he 
has  not  disposed  of,  or  which  he  would  by  law  be  entitled  to”  ; and  by 
Act  approved  March  1,  1848,  power  is  given  to  extend  streets  through  the 
esplanade  or  common  on  the  Ohio  river. 


174 


Special  Acts. 


General  Note. 


(6)  City  Park. — By  an  Act  approved  December  26,  1803,  the  pur- 
chase made  by  the  United  States  of  five  acres  and  six  square  poles  in  the 
town  of  Newport,  for  the  purpose  of  erecting  an  arsenal  and  other  public 
buildings  thereon,  was  ratified  and  confirmed,  vesting  in  the  United  States 
the  power  to  exercise  the  exclusive  jurisdiction  therein,  subject  to  the  right 
to  demand  on  behalf  of  the  Commonwealth  persons  charged  with  crime. 
By  an  Act  of  the  Congress  of  the  United  States,  entitled  “An  Act  granting 
certain  property  to  the  city  of  Newport,”  approved  July  31,  1894,  said  prop- 
erty was  granted  to  the  city  for  park  purposes ; in  pursuance  of  said  Act, 
on  January  1,  1895,  said  property  was  formally  transferred,  by  order  of  the 
Secretary  of  War,  by  M.  A.  Cochran,  Colonel  Sixth  Infantry,  commanding 
at  Newport  Barracks,  and  was  on  that  date  accepted  by  Paris  C.  Brown, 
Mayor,  on  behalf  of  the  city. 

(7)  Public  Square. — On  September  1,  1795,  the  property  constituting 
the  Court-house  Square  was  by  deed  conveyed  by  the  original  proprietor  to 
the  trustees  of  Campbell  county  and  their  successors,  by  which,  in  con- 
sideration “of  said  Justices  and  the  Justices  of  the  Court  of  Quarter  Ses- 
sions having  fixed  on  Newport,  at  the  confluence  of  the  Ohio  and  Licking 
rivers,  for  the  seat  of  justice  for  said  county,”  said  property  was  conveyed 
“as  a public  square,  to  be  appropriated  as  they  might  think  proper,  for  the 
use  of  public  buildings.”  Upon  the.  removal  of  the  county  seat  from  New- 
port in  1840,  it  was  held  in  Campbell  County  Court  vs.  Town  of  Newport, 
12  B.  M.  538,  “that  the  conveyance  being  in  trust  for  public  purposes,  and 
the  seat  of  justice  being  removed,  that  a trust  resulted  in  favor  of  the  town 
for  public  purposes.” 

(8)  Streets. — By  Act  approved  April  4,  1861,  power  is  given  the  city 
and  the  Campbell  County  Turnpike  Company  to  contract  in  reference  to 
that  part  of  the  road  between  Ringgold  street  and  Constans’  brewery,  and 
said  part  of  said  road  may  become  a part  of  the  city,  subject  to  all  its  laws 
and  regulations. 

(9)  Water-works. — The  original  Act,  under  which  the  construction 
of  the  water-works  was  instituted,  was  passed  January  21,  1871,  and 
provisions  with  reference  thereto  were  made  in  the  Charter  Act  of 
February  17,  1874. 


PART  III. 

General  Ordinances  of  the  City  of  Newport. 


GENERAL  ORDINANCES 


Note. — Numbers  of  sections  in 
of  the  original  ordinances. 

Subjects  — 

Buildings,  § i. 

Council,  General,  § 16. 

Electric  Illumination,  § 26. 

Fire  Department,  § 53. 

Health,  § 60 
Library,  Public,  § 117. 

Licenses,  § 121. 

Markets  and  Marketmaster,  § 182. 
Offenses  and  Punishments,  § 216. 
Officers  and  Employees  — 

(a)  General  provisions,  § 282. 

( b ) Assessor,  §293. 

(c)  Auditor,  §298. 

(d)  Clerk  §301. 

( e ) Delinquent  Tax  Collector, 

§305. 

{f)  Engineer,  § 308. 


eses  ( ) are  the  numbers  of  the  sections 

Subjects  — 

(g)  Jailer,  §309. 

( h ) Janitor,  § 322. 

(0  Police  Judge,  § 325. 

(/)  Police  and  Fire  Commission- 
ers and  Police,  § 326. 

( k ) Solicitor,  §331. 

(/)  Superintendent  of  Public 
Works,  § 332. 

(m)  Treasurer,  § 335. 

Poor,  §338. 

Public  Work.  § 355. 

Sewers,  § 358. 

Streets  and  Sidewalks,  § 398. 

Wards,  §461. 

Water  Works;  § 462. 

Weights  and  Measures,  § 519. 
Wharves,  §533. 


BUILDINGS. 

An  Ordinance  requiring  the  construction  of  fire  escapes  upon  certain  build 
ings,  upon  notice.  (Approved  February  2,  1904.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§1.  (1)  Buildings  requiring  lire  escapes — duties  oe 

chiee  oe  Eire  department  and  others. — That  all  buildings  of 
three  or  more  stories  in  height  within  the  corporate  limits  of  the 
City  of  Newport,  Ky.,  and  all  of  such  buildings  of  three  or 
more  stories  in  height  hereafter  builded,  constructed  or  erected 
within  the  said  corporate  limits,  except  private  residences  and 
stores  and  warehouses  in  which  not  more  than  twenty  persons 
are  employed,  shall  be  provided  with  one  or  more  permanent 
metallic  ladders  or  fire  escapes,  extending  from  the  first  story  to 
the  upper  stories  of  such  building  or  buildings,  and  above  the  roof 
and  on  the  outer  walls  thereof,  in  such  location,  numbers  and 


( 12  N) 


178 


General  Ordinances. 


§§  2 — 4.  Buildings — Fire  Escapes. 


character  of  construction  as  the  Chief  of  the  Fire  Department  or 
the  chief  ffire  officers  of  the  City  of  Newport,  Ky.,  may  deter- 
mine. The  said  Chief  of  the  Fire  Department  or  chief  fire  officers 
shall  examine  all  buildings  of  the  kind  and  character  above  de- 
scribed, and  serve,  either  in  person  or  by  deputy,  a notice,  in 
writing,  upon  the  owner,  agent  or  lessee  or  occupant  of  every  such 
building  not  herein  specifically  excepted,  by  leaving  at  his  or  her 
residence  or  place  of  business  a copy  of  such  notice,  setting  forth 
the  number,  kind,  construction  and  location  of  the  ladder  or  lad- 
ders required,  and  directing  that  the  work  shall  be  completed  not 
later  than  thirty  days  from  the  filing  of  aforesaid  notice. 

§ 2.  (2)  Agent  oe  owner  failing  so  to  do  required  to 

place  EIRE  ESCAPE  — - LIENS  Eor  expense. — In  the  event  the 
owner  of  such  building  or  buildings  fails  to  take  steps  looking  to 
the  compliance  of  said  notice  and  specifications  thereof,  then  the 
agent,  lessee  or  occupant,  who  is  jointly  liable  for  the  violations 
of  the  provisions  o’f  this  ordinance,  shall,  and  must,  have  the  work 
performed  at  his  own  or  her  own  expense,  and  for  such  expense, 
such  agent,  lessee  or  occupant  shall  have  a lien  upon  any  such 
building  or  buildings,  and  the  same  is  hereby  declared  to  exist 
after  record  in  the  office  of  the  County  Clerk. 

§ 3.  (3)  Notice,  how  served. — It  shall  be  the  duty  of  the 

Chief  of  the  Fire  Department  or  the  chief  fire  officer  to  serve 
notice  aforesaid  upon  each  and  every  owner,  lessee,  agent  or 
occupant  of  any  such  building  or  buildings  within  the  corporate 
limits  of  the  City  of  Newport,  Ky. 

§ 4.  (4)  Penalty. — That  any  owner  or  owners,  agent  or 

agents,  lessee  or  lessees,  occupant  or  occupants,  who  shall  violate 
the  provisions  of  this  act,  notice  having  been  served  by  the  Chief 
of  the  Fire  Department  or  chief  fire  officer  of  the  City  of  Newport, 
Ky.,  or  his  deputy,  shall  be  fined  not  less  than  fifty  dollars  nor 
more  than  two  hundred  and  fifty  dollars  for  each  and  every  thirty 
days  such  building  or  buildings  may  be  unprovided  with  ladders 
or  fire  escapes  required  by  the  provisions  of  this  ordinance,  same 
to  be  recoverable  on  motion  before  any  court  of  competent 
jurisdiction. 


General  Ordinances 


179 


§§  5,  6.  Buildings,  Insecure. 


An  Ordinance  in  reference  to  insecure  buildings,  walls,  superstructures  and 
other  property  in  the  City  of  Newport,  Ky.,  and  providing*  for  the  put- 
ting of  same  in  a secure  condition,  or  for  the  abatement  and  removal 
thereof.  (Approved  August  5,  1897.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 5.  (1)  Special  committee. — That  the  Mayor,  City  Engi- 

neer, Superintendent  of  Public  Works,  Chief  of  the  Fire  Depart- 
ment and  the  Chairmen  of  the  Improvement  Committees  of  the 
Boards  of  Aldermen  and  Councilmen,  all  officers  of  the  City  of 
Newport,  Ky.,  be,  and  the  same  are  hereby,  made  a special  com- 
mittee of  the  General  Council  of  said  city,  with  full  power  and 
authority  to  act  and  perform  such  duties  in  reference  to  insecure 
and  dangerous  buildings,  walls,  superstructures  and  other  prop- 
erty in  said  city  as  hereinafter  provided,  and  such  officers  shall 
serve  without  compensation. 

§6.  (2)  Duties  oe  committee  — notice  to  owners  and 

agents.' — It  shall  be  the  duty  of  said  committee,  upon  being 
informed,  or  the  coming  to  its  knowledge,  that  any  building,  wall, 
superstructure  or  other  property  in  the  City  of  Newport  is  inse- 
cure or  dangerous,  or  about  to  become  so,  to  closely  examine  the 
same,  and  if  it  be  satisfied  that  it  is  insecure  and  dangerous,  so 
that  the  whole  or  any  part  thereof  is  likely  to  give  way  or  fall,  or 
is  otherwise  dangerous  to  persons  in  or  about  it,  or  to  persons 
passing  by  or  near  it,  or  to  any  adjacent  property,  to  give  written 
notice  to  the  owner  or  owners  thereof,  or,  if  they  may  not  be 
found,  to  their  agents,  to  make  the  same  secure,  or  to  abate  and 
remove  same,  and  upon  said  owner  or  owners  or  their  agents  fail- 
ing within  the  time  specified  in  said  notice  to  make  said  building, 
wall,  etc.,  secure,  or  to  abate  and  remove  same,  the  said  committee 
shall  make  a report  to  the  General  Council  in  regard  to  the  facts 
and  its  action  in  the  matter,  in  order  that  said  Council  may  direct 
such  measures  to  be  taken  as  will  make  secure,  or,  if  necessity 
requires,  abate  and  remove  the  said  building,  wall,  etc.,  and  col- 
lect the  costs  and  expenses  so  accruing,  by  suit  or  otherwise,  from 


i8o 


General  Ordinances. 


§§  7,  8.  Buildings — Regulations. 


said  owner  or  owners;  provided,  always,  that  if  in  the  opinion 
of  said  committee  the  insecure  and  dangerous  condition  of  such 
building,  wall,  etc.,  is  such  as  to  render  it  improper  to  await  the 
action  of  the  General  Council,  then  said  committee  may  order 
such  necessary  measures  to  be  taken,  according  to  the  circum- 
stances of  the  case,  as  will  prevent  danger,  and  shall  report  the 
cost  and  expenses  incident  to  the  putting  in  a secure  condition,  or 
the  abatement  or  removal  of  such  building,  wall,  etc.,  to  said  Gen- 
eral Council,  to  be  collected  as  aforesaid.  If  no  owner  or  agent 
be  in  the  city  to  whom  said  notice  can  be  given,  then  the  tenant 
or  lessee  shall  be  notified,  and  in  case  neither  the  owner,  agent, 
tenant  nor  lessee  can  be  found  upon  reasonable  search,  then  the 
actions  and  measures  hereinbefore  provided  for  shall  be  taken 
without  notice. 

§ 7.  (3)  Penalty. — That  if  any  such  owner  or  agent  shall 

willfully  refuse  or  purposely  neglect  to  comply  with  the  notice 
authorized  by  the  second  section  of  this  ordinance,  he,  she  or  they 
shall,  upon  conviction  thereof  before  the  police  court,  be  fined  not 
exceeding  one  hundred  dollars  and  costs  of  prosecution. 


An  Ordinance  providing  for  the  regulation  of  building  in  the  City  of 
Newport,  Ky.,  and  the  protection  of  the  streets,  alleys,  lanes,  avenues, 
commons  and  other  public  places  therefrom  by  persons  using  same 
while  building.  (Approved  January  4,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§ 8.  (1)  Building  permits. — That  hereafter  whenever  any 

person  or  persons  shall  erect  or  cause  to  be  erected,  improve  or 
cause  to  be  improved,  any  house,  hall  or  other  structure  within 
the  limits  of  the  City  of  Newport,  the  owner  or  owners  of  said 
house,  structure,  etc.,  or  his  or  her  or  their  duly  authorized  agent, 
shall  first  make  application  to  and  obtain  from  the  Superintendent 
of  Public  Works  of  said  city  a permit  to  use  and  occupy  the  streets 
or  other  public  spaces  or  places  of  said  city  for  the  purpose  of 


General  Ordinances. 


18 1 


§§  9,  io.  Buildings — Regulations. 


depositing  thereon  the  materials  necessary  in  the  construction  of 
said  houses,  etc.  And  in  like  manner  shall  application  be  made 
for  any  permits  obtained  for  the  digging  of  vaults,  sub-cellars, 
areas,  the  erection  of  balconies,  and  the  removal  of  buildings 
across  or  over  said  streets,  etc.,  of  said  city. 

§9.  (2)  PERMITS' — APPLICATION  EOR  — - EORM  OE. — All  ap- 
plications provided  for  in  the  preceding  section  shall  be  in  writing, 
giving  the  name  of  the  owner  or  owners  of  the  premises,  and 
must  fully  state  the  location  and  the  portion  of  said  streets,  etc., 
required,  and  the  length  of  time  of  such  desired  occupation 
thereof,  and  must  also'  state  the  size,  height,  character  and  pur- 
pose of  the  proposed  structure,  together  with  the  material  of 
which  the  same  is  to  be  composed,  whether  of  brick,  stone,  wood 
or  iron,  and  the  contract  price  of  the  construction  thereof,  or  an 
estimated  cost  if  there  be  no  contract  therefor ; and  the  exact  loca- 
tion, size  and  character  of  vaults,  areas  and  sub-cellars,  with  the 
contract  price  or  estimated  cost,  shall  be  likewise  stated. 

§ 10.  (3)  Occupation  oe  streets  — terms  — conditions. 

— The  use  and  occupancy  of  said  streets,  etc.,  as  aforesaid,  shall 
not  be  granted  for  longer  than  a period  of  four  months  in  the  first 
instance,  but  for  good  cause  may  be  renewed  from  time  to  time 
for  one  month  each  time ; nor  shall  the  use  and  occupancy  of  any 
part  of  the  streets,  etc.,  be  granted  except  that  in  front  of  the 
premises  on  which  the  proposed  building  is  to  be  erected ; nor 
shall  any  materials  be  prepared  in  the  streets  which  can  be  pre- 
pared elsewhere ; nor  shall  the  gutter  in  anywise  be  interfered 
with,  but  must  at  all  times  be  kept  free  from  obstruction ; nor 
shall  the  street  be  used  beyond  the  center  thereof,  provided  that 
on  streets  whereon  there  is  a street  railway  track,  the  street  shall 
not  be  granted  to  a distance  greater  than  within  three  feet  of  said 
track.  The  permits  shall  be  issued  by  the  City  Clerk  upon  the 
order  of  the  Superintendent  of  Public  Works  and  payment  to  the 
Treasurer  of  the  sum  of  one  dollar  where  the  frontage  of  the  lot 
improved  is  thirty  feet  or  less,  and  one  dollar  extra  for  any  excess 
over  thirty  feet ; the  revenue  derived  therefrom  to  be  placed  to  the 
credit  of  and  form  a part  of  the  Police  Fund  of  said  city. 


1 82 


General  Ordinances 


§§  ii,  12.  Buildings — Regulations. 


§11.  (4)  Openings  — balcony  — vault. — No  area  or 

other  opening  shall  project  from  the  line  of  the  street,  etc.,  more 
than  one-third  the  width  of  the  sidewalk,  but  in  no  case  to  exceed 
four  feet  from  the  line  of  the  street,  etc.,  and  no  such  area  or 
opening  shall  be  allowed,  except  the  same  be  properly  and  securely 
protected  by  iron  or  wooden  railings,  or  be  covered  with  a good, 
substantial  floor  or  covering  placed  or  arranged  on  a level  with 
the  sidewalk,  perfectly  secure  and  of  the  least  possible  impediment 
to  public  travel.  And  no  grate  attached  to  an  area  or  opening 
shall  be  allowed  to  open  outward  across  the  sidewalk,  and  all 
grating  or  other  covering  or  railings  shall  be  kept  in  constant 
good  repair  by  the  owner  thereof.  And  no  balcony  shall  project 
more  than  four  feet  from  the  line  of  the  street,  etc.,  over  the  side- 
walk or  street,  etc.,  and  shall  be  not  less  than  ten  feet  from  the 
level  of  the  sidewalk  or  street,  etc. ; and  provided  further,  that  no 
person  shall,  in  the  construction  of  a vault,  be  permitted  to  inter- 
rupt the  passage  over  a sidewalk  exceeding  twelve  days  for  eaGh 
twenty  feet  in  length  of  a vault ; and  in  no  case  shall  more  than 
thirty  feet  in  length  of  sidewalk  be  broken  up  at  any  one  time, 
and  from  the  time  the  excavation  is  commenced  until  completed, 
it  shall  be  securely  protected  on  all  sides  by  a substantial  barricade, 
and  shall  give  a bond  to  save  the  city  harmless. 

§ 12.  (5)  Vaults  — construction  — approval  oe  super- 

intendent oe  public  works. — All  vaults  shall,  in  a safe  and 
substantial  manner,  and  subject  to  the  approval  of  the  Superin- 
tendent of  Public  Works,  or  other  duly  authorized  agent  of  the 
city,  be  constructed  entirely  out  of  brick  and  stone,  and  good  lime 
mortar,  with  the  openings  thereof  inside,  and  within  ten  inches 
of  the  outside  of  the  curbstone,  which  openings  shall  be  covered 
with  iron  gratings,  the  bars  of  which  shall  be  not  less  than  one 
inch  square  for  a grate  of  eighteen  inches  diameter ; bars  of  any 
other  length  to  be  of  this  proportion,  and  the  space  between  the 
bars  shall  not  exceed  one  inch ; and  all  grates  shall  be  securely 
imbedded  in  cast-iron  rim  or  frame,  and  the  upper  side  of  all 
grates  or  other  coverings  shall  be  level  with  the  surface  of  the 
pavement. 


General  Ordinances 


183 


§§  13 — 17.  Council,  General — Aldermen,  Number. 


§13.  (6)  Steps  — railings  — porch. — No  step  or  steps, 

railings,  porch  or  portico,  above  the  level  of  the  sidewalk,  shall 
be  allowed  to  project  from  the  line  of  the  street,  etc.,  more  than 
one-fourth  the  width  of  the  sidewalk  into  the  street,  etc. 

§ 14.  (7)  Surplus  material. — All  surplus  or  useless  mate- 

rial must  be  removed  forthwith  after  the  maturity  of  the  time 
allowed  for  deposit  of  material,  and  all  obstructions  removed,  and 
the  street,  etc.,  put  in  good  repair. 

§ 15.  (8)  Penalty. — Any  person  or  persons  violating  any 

of  the  provisions  of  this  ordinance  shall,  on  conviction  thereof,  be 
fined  not  less  than  ten  dollars,  nor  more  than  thirty  dollars,  with 
costs  of  prosecution. 


COUNCIL,  GENERAL. 

An  Ordinance  increasing  the  members  of  the  Board  of  Aldermen  of  the 
City  of  Newport,  Ky.,  from  four  in  number  to  five  in  number. 
(Approved  November  30,  1900.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 16.  (1)  Number  oe  aldermen  increased. — That  the 

number  of  members  of  the  Board  of  Aldermen  of  the  City  of 
Newport,  Ky.,  be,  and  the  same  is  hereby  increased  from  four  in 
number  to  five  in  number. 

§ 17.  (2)  Election  oe  additional  member.— That  the 

additional  member  of  said  Board  of  Aldermen  as  provided  for 
herein  shall  be  elected  at  the  regular  election  in  November,  (1900) 
nineteen  hundred,  A.D.,  and  the  member  so  elected  shall  assume 
the  duties  of  his  office  as  such  Alderman  on  the  first  Monday  in 
January,  1901,  and  hold  same  for  the  term  of  two  years  there- 
after, and  until  his  successor  is  elected  and  qualified,  as  required 
by  law. 


184 


General  Ordinances. 


§§  18 — 23.  Council,  General — Meetings. 


An  Ordinance  fixing  the  place  of  meeting  of  the  General  Council  of  the 
City  of  Newport,  Ky.  (Approved  March  20,  1901.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§18.  (1)  General  council  — place  oe  meeting. — That 

the  place  of  meeting  of  the  General  Council  of  the  City  of 
Newport,  Ky.,  shall  be  in  the  court  room  of  the  new  city  building. 

§ 19.  (2)  Repealing  clause. — All  other  ordinances  in 

conflict  herewith  are  hereby  repealed. 


An  Ordinance  fixing  the  time  of  meeting  of  the  several  branches  of  the 
General  Council  of  the  City  of  Newport,  Ky.  (Approved  February  20, 
1900.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 20.  ( 1 ) Council  — time  oe  meeting. — That  the  Board 

of  Councilmen  shall  meet  at  the  Council  Chamber  each  alternate 
week,  beginning  Thursday,  March  1,  1900,  and  from  April  1 to 
October  1 at  eight  o’clock  p.  u.,  and  from  October  1 to  April  1 
at  half-past  seven  o’clock  p.  m. 

§21.  (2)  Aldermen  — time  oe  meeting. — The  Board  of 

Aldermen  shall  meet  at  the  Council  Chamber  each  alternate  week, 
beginning  Thursday,  February  22,  1900,  and  at  three  o’clock  p.  m. 
(See  Section  24.) 

§22.  (3)  General  council  — joint  session. — The  Gen- 

eral Council  shall  meet  in  joint  session  at  the  Council  Chamber  at 
such  times  as  the  Mayor  shall  call  same,  or  at  such  times  as  a 
joint  resolution  fixing  a time  for  meeting  shall  be  passed  by  both 
bodies.  The  Mayor  shall  call  a joint  session  at  the  request  in 
writing  of  two  members  of  each  body. 

§ 23.  (4)  Repealing  clause. — All  other  ordinances  in 

conflict  herewith  are  hereby  repealed. 


General  Ordinances. 


185 


§§  24 — 26.  Electrical  Illumination — Regulations. 


Resolution  of  Board  of  Aldermen.  (Adopted  April  4,  1901.) 

§ 24.  Aldermen  — resolution  fixing  time  of  meeting. 
— Resolved , by  the  Board  of  Aldermen,  That  the  time  for  the  reg- 
ular meetings  of  this  Board  be  changed  from  3 o’clock  p.  m.  to 
8 o’clock  p.  m.,  commencing  with  Thursday,  April  4,  1901,  and 
continuing  for  every  alternate  Thursday  thereafter. 


Joint  Resolution.  (Approved  June  28,  1901.) 

It  being  deemed  advisable  and  as  authorized  in  Section  4 of 
Article  II.,  City  Charter,  [Kentucky  Statutes,  § 3045,]  to  cause 
the  proceedings  of  each  Board  of  the  General  Council  to  be  pub- 
lished in  one  of  the  daily  German  newspapers  for  the  benefit  of 
many  of  our  good  citizens  and  taxpayers ; 

§ 25.  Publication  of  proceedings  in  german  newspapers 
— mayor  to  select. — Now,  therefore,  Be  it  resolved  by  the  Gen- 
eral Council,  That  the  Mayor  be,  and  he  is  hereby  authorized  and 
empowered,  as  provided  by  laws  on  the  subject,  to  select  one  of 
the  daily  German  newspapers  published  in  this  vicinity  for  above 
purpose,  under  the  same  conditions  as  now  existing  in  relation  to 
the  publication  of  the  same  matter  in  the  English  language. 


ELECTRICAL  ILLUMINATION. 

An  Ordinance  prescribing  terms  and  conditions  under  which  the  busi- 
ness of  electrical  illumination  may  be  engaged  in  within  the  corporate 
limits  of  the  City  of  Newport  by  any  person,  company  or  corporation 
securing  permission  by  special  ordinance  to  so  engage.  (Approved 
January  4,  1896.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 26.  ( 1 ) Grant  subject  to  conditions  — That  whenever 

permission  is  by  ordinance  granted  to  any  person,  company  or 


1 86 


General  Ordinances. 


§§  27 — 31.  Electrical  Illumination — Regulations. 


corporation  to  engage  in  the  business  of  electrical  illumination,  it 
shall  be  under  the  following  expressed  terms  and  conditions : 

§27.  (2)  Grant  — term  oe. — The  grant  to  occupy  the 

streets,  lanes  and  public  grounds  of  the  City  of  Newport  for  the 
purpose  of  erecting  and  maintaining  poles,  masts,  towers,  brackets 
and  supports,  with  the  necessary  wires  thereon,  shall  be  for  such 
period  of  time  as  the  General  Council  shall  determine  at  the  date 
of  the  passage  of  any  special  ordinance,  and  according  to  the 
Constitution  and  laws  of  the  State  of  Kentucky. 

§28.  (3)  Grant  — as  to  peaces  already  occupied  — 

interference. — No  grant  shall  be  made  to  thus  occupy  the  side 
of  any  street,  lane,  alley  or  public  place  whereon  poles,  masts, 
towers,  brackets  or  supports  have  already  been  erected  for  the 
maintenance  of  telegraph  or  telephone  wires,  unless  both  sides  of 
said  street,  alley,  lane  or  public  place  are  already  so  occupied, 
or  upon  any  other  street,  lane,  alley  or  public  grounds  in  such 
manner  as  to  interfere  with,  obstruct  or  inconvenience  any  person 
in  his  or  her  right  to  the  free  use  of  such  streets,  lanes,  alleys,  etc. 

§29.  (4)  Poles,  etc. — specifications. — And  all  poles, 

masts,  towers,  brackets  and  supports,  whenever  and  wherever 
erected,  shall  be  of  sufficient  height  to  carry  any  wires  placed 
thereon  above  and  clear  of  all  obstructions  growing  out  of  the 
character  of  the  buildings  adjoining  such  lines,  or  the  nature  of 
the  business  carried  on  therein ; and  in  no  case  shall  they  be 
attached  to  the  eaves  or  roofs  or  tops  of  houses  without  the  con- 
sent of  the  owner  thereof,  properly  authenticated  to  the  Superin- 
tendent of  Public  Works ; and  no  poles,  masts,  towers,  brackets  or 
supports  shall  be  of  less  height  than  thirty  feet. 

§30.  (5)  Crossing  lines. — And  wherever  it  shall  be  nec- 

essary to  cross  the  line  of  any  existing  electric  light,  telegraph  or 
telephone  lines,  it  shall  be  at  a distance  of  not  less  than  three  feet 
therefrom,  unless  absolutely  necessary,  and  then  only  on  permis- 
sion in  writing  being  granted  by  the  Superintendent  of  Public 
Works  on  the  recommendation  of  the  City  Engineer. 

§31.  (6)  Alleys  to  be  occupied  where  practicable  — 


General  Ordinances. 


187 


§§  32 — 35.  Electrical  Illumination — Regulations. 


occupation  OE  private  property. — That  it  shall  not  be  admis- 
sible to  occupy  any  main  street  with  such  poles,  masts,  towers  or 
supports  where  it  is  practicable  to  penetrate  any  district  or  supply 
the  occupants  of  any  one  square  by  erecting  and  maintaining  such 
supports  in  the  alley-ways  of  such  city,  or  when  such  occupa- 
tion shall  obstruct  said  alley-ways,  then  by  acquiring  the  right  to 
occupy  such  portions  of  private  property  abutting  thereon  as  may 
be  necessary  for  the  maintenance  of  such  posts,  masts,  towers  and 
supports  in  such  manner  as  may  be  determined  by  the  General 
Council. 

§ 32.  (7)  Posts,  etc.,  painted. — That  all  such  posts,  masts, 

towers,  brackets  and  supports,  carrying  electric  light  or  power 
wires,  when  erected  shall  be  painted  a bright  red,  or  such  other 
color  as  the  Superintendent  of  Public  Works  may  determine,  in 
order  that  the  character  of  the  wires  carried  thereon  shall  be 
understood. 

§ 33*  (8)  Poles  marked. — All  poles  now  standing  or  here- 

after erected  for  the  support  of  electric  light  or  power  wires 
shall  be  marked  with  the  name  or  initials  of  the  company  owning 
them,  at  a point  five  feet  from  the  ground.  If  a pole  be  used  by 
more  than  one  company,  each  cross-arm,  or.  if  necessary,  each 
wire,  must  be  marked  or  labeled  so  as  to  indicate  the  owner. 

§34.  (9)  Poles,  etc. — joint  occupation. — That  the  per- 

son, company  or  corporation  erecting  such  lines  of  poles,  masts, 
towers  or  supports  shall,  upon  the  payment  to  them  of  a fair  pro- 
portion of  the  original  cost  of  erection  of  the  portion  to  be  so 
occupied  and  possessed,  and  a monthly  rental  equivalent  to  a fair 
proportion  of  the  cost  of  erection  and  maintenance  of  the  portion 
to  be  so  occupied  and  possessed,  permit  any  other  person,  com- 
pany or  corporation  to  occupy  and  possess  equal  rights  and  privi- 
leges thereon,  if  said  poles  have  not  already  a full  complement  of 
wires,  same  to  be  determined  by  the  City  Engineer. 

§35-  (I0)  Poles,  etc. — joint  occupation. — And  when- 

ever two  or  more  persons,  companies  or  corporations  are  supply- 
ing, or  propose  to  supply,  electricity  for  any  purpose  whatsoever 


1 88 


General  Ordinances. 


§§  36 — 40.  Electrical  Illumination — Regulations. 


within  the  same  territory,  they  shall  be  required  to  jointly  use  and 
occupy  the  same  poles,  masts,  towers  or  supports  upon  the  con- 
ditions hereinbefore  recited ; and  no  wires  or  electrical  conductors 
of  any  character  or  kind  shall  be  maintianed  in  any  other  manner 
than  that  herein  provided. 

§36.  (11)  Poles  — location,  etc.,  subject  to  superin- 

tendent oe  public  works. — The  exact  location  and  the  erection 
of  all  poles,  masts,  towers  or  supports  proposed  to  be  erected  bv 
any  such  person,  company  or  corporation  shall  be  subject  to  the 
approval  of  the  Superintendent  of  Public  Works,  who  shall  have 
the  right  to  order  and  enforce  a change  of  location  of  any  poles, 
masts,  towers  or  supports. 

§37.  (12)  Stringing  wire  — where  posts  impracti- 

cable.— And  whenever  it  may  become  necessary  to  string  wires 
or  electrical  conductors  to  any  point  not  on  the  main  line,  and 
where  it  is  impracticable  to  erect  and  maintain  the  posts,  masts, 
towers  or  supports  required  therein,  the  same  shall  be  done  only 
upon  special  permission  being  granted  by  the  Superintendent  of 
Public  Works. 

§38.  (13)  Ordinance  to  specify  price — Any  ordinance 

granting  authority  to  any  person,  company  or  corporation  to  go 
into  operation  under  the  provisions  of  this  general  ordinance  shall 
distinctly  specify  and  indicate  the  maximum  price  at  which  elec- 
tricity is  to  be  supplied  to  public  and  private  consumers  for  either 
lighting  or  power  purposes. 

§39.  (14)  Insulation. — All  conducting  wires,  excepting 

trolley  wires  for  electric  railways,  must  be  covered  with  a durable 
weather-proof  insulation,  embracing  not  less  than  two  coatings. 
Permits  to  string  wires  will  be  granted  only  after  the  approval 
of  samples  submitted  to  the  City  Civil  Engineer,  and  no  other 
wires  than  those  thus  approved  by  samples  may  be  strung. 

§40.  (15)  Insulation. — Where  wires  enter  a building, 

they  must  be  encased  in  continuous  pieces  of  hard  insulating 
tubing,  so  inclined  as  to  oppose  the  entrance  of  water,  and  the 
outer  end  of  this  tubing  must  be  sealed  with  some  plastic  insu- 
lating material  in  such  manner  as  to  exclude  all  moisture. 


General  Ordinances 


189 


§§  41 — 44.  Electrical  Illumination — Regulations. 


§ 41.  ( 16)  Wires  — how  placed  — system  — control  oe 

superintendent  oE  public  works. — In  running  along  walls,  all 
wires  shall  be  rigidly  attached  to  the  same  by  non-conducting 
fastenings,  and  shall  not  hang  from  projecting  insulators  in  loose 
loops ; all  arc  light  wires  shall  be  placed  not  less  than  one  foot, 
and  all  incandescent  light  wires  at  not  less  than  six  inches,  apart, 
and  whenever  they  approach  any  conducting  body  capable  of  fur- 
nishing a ground  connection,  they  must  be  rigidly  secured,  and 
separated  from  the  same  by  some  approved  non-conductor.  The 
distribution  of  electricity  by  the  alternating  or  transformer  system 
shall  be  under  the  supervising  control  of  the  Superintendent  of 
Public  Works,  and  all  companies  using  said  system  shall  conform 
strictly  to  all  requirements  of  said  Board. 

§42.  (17)  Insulation. — The  use  of  porcelain  knobs  as 

insulators  on  the  outside  of  buildings  is  prohibited,  except  in  dry 
places,  where  an  approved  special  insulation  must  be  used  on  the 
wires.  Wires  must  not  be  so  placed  as  to  render  it  easily  possible 
for  water  to  form  a cross  connection  between  them. 

§43.  (18)  Insulation. — Wires  must  be  fastened  to  insu- 

lated supports  by  insulated  tie-wires.  The  use  of  iron  tie-wires  is 
prohibited.  All  tie-wires  must  have  an  insulation  equal  to  that  of 
the  conducting  wires. 

All  joints  in  wires  must  be  secured  by  making  from  five  to 
seven  turns  on  each  side  of  cross,  or  by  using  an  improved 
metallic  sleeve.  All  joints  must  be  insulated  with  not  less  than 
four  layers  of  durable  water-proof  tape,  and  then  covered  with 
friction  tape,  which  shall  be  fastened  with  a few  turns  of  small 
insulated  copper  wire. 

§44.  (19)  Wires  — how  stretched. — Wires  must  be 

tightly  stretched,  and  never  allowed  to  sag  to  such  an  extent  as 
to  be  capable  of  coming  into  swinging  contact  with  each  other, 
with  signs  or  other  neighboring  objects.  The  spacing  of  poles 
should  be  so  determined  as  to  facilitate  the  observance  of  this  rule. 

Overhead  wires,  between  which  there  is  a difference  of  poten- 
tial, must  not  be  less  than  one  foot  apart,  and  must  swing  clear 
of  foreign  contact  between  their  insulated  supports.  No  electric 


190 


General  Ordinances. 


§§  45 — 47.  Electrical  Illumination — Regulations. 


light  or  power  wires  on  cross-arms  shall  be  less  than  one  foot 
distant  from  the  pole  or  other  central  support. 

Wires  over  roofs  must  be  at  least  seven  feet  above  flat  roofs 
at  the  point  of  lowest  sag,  and  one  foot  above  the  ridge  of  other 
roofs.  Service  wires  must  run  horizontally  from  street  mains  to 
buildings. 

§45.  (20)  Guard  irons  — guard  wires. — Where  angles 

occur  in  a line,  subjecting  the  supports  to  increased  strain,  guard 
irons  must  be  placed  at  the  outer  ends  of  cross-arms.  Guard 
wires  must  also  be  placed  wherever  their  presence  would  prevent 
telephone,  telegraph  or  other  wires  from  coming  into  accidental 
contact  with  electric  light  wires.  The  cost  of  such  guard  irons 
and  guard  wires  shall  be  borne  by  the  person  or  company  making 
the  last  construction. 

All  guy  wires,  whether  run  by  telegraph,  telephone  or  elec- 
tric light  companies,  must  be  kept  at  a distance  of  not  less  than 
six  inches  from  the  electric  light  wires,  or  otherwise  be  thoroughly 
insulated  at  points  of  danger  or  contact  with  such  wires. 

§ 46.  (21 ) Wires  for  arc  lighting  — arc  lamps  — tests 

FOR  GROUND  CONNECTIONS  — GROUND  CONNECTIONS  REMEDIED. — 
Wires  for  arc  lighting  must  enter  and  leave  a building  through  a 
suitable  and  approved  cut-out  switch,  which  is  to  be  placed  on 
the  building  or  neighboring  pole  in  a position  easily  accessible  to 
police,  firemen  and  inspector. 

Arc  lamps  must  be  so  placed  as  to  leave  a clear  space  of  not 
less  than  nine  feet  between  lamp  and  the  sidewalk. 

All  wires  must  be  so  strung  as  to  leave  a clear  space  of  not 
less  than  twenty  feet  at  the  point  of  lowest  sag  between  the  wire 
and  the  surface  of  the  sidewalk. 

All  circuits  must  be  provided  with  some  approved  device  for 
declaring  or  detecting  ground  connections.  Tests  for  grounds 
must  be  made  at  least  three  times  a day.  When  a ground  con- 
nection occurs,  it  must  be  found  and  remedied  without  delay. 

§47.  (22)  Insulation  standard  — wires  not  in  use 

removed  — inspection  OF  engineer. — The  insulation  resistance 
on  all  circuits  must  be  maintained  at  a standard  approved  by  the 


General  Ordinances. 


191 


§§48 — 51.  Electrical  Illumination — Regulations. 


City  Civil  Engineer,  and  every  facility  for  testing  circuits  shall 
be  accorded  said  Engineer. 

Loops,  wires  and  poles  no  longer  in  use,  and  of  which  there 
is  no  immediate  prospect  of  further  use,  shall  be  removed. 

Immediately  after  the  erection  of  any  wiring  or  other  out- 
door construction  for  electric  light  or  power,  the  company  or 
person  erecting  the  same  shall  notify  the  City  Civil  Engineer  that 
such  work  is  ready  for  inspection,  and  no  use  shall  be  made  of 
such  wiring1  or  its  appurtenances  for  the  purposes  aforesaid  until 
approved  by  him. 

§48.  (23)  Lineman,  etc.,  must  wear  badges. — Every 

lineman  and  lampman  must  wear  a badge  in  plain  sight,  indi- 
cating his  number  and  the  company  or  person  by  whom  he  is 
employed,  and  in  case  of  fire  this  badge  shall  serve  as  a pass  to 
admit  the  wearer  within  the  fire  lines. 

§ 49.  (24)  Fire  gong  — removal  oe  wires  during  Eire. — 

The  Fire  Department  of  the  city  shall  erect  in  the  station  of  every 
electric  light  or  power  company,  at  the  latter’s  expense,  a suitable 
gong  connecting  with  the  fire  lines,  by  which  shall  be  indicated 
the  location  of  all  fires.  On  the  occurrence  of  a fire  in  any  dis- 
trict in  which  any  company  has  wires,  such  company  shall  forth- 
with send  a man  prepared  to  remove  wires  under  the  direction  of 
the  Fire  Department. 

§ 5°-  (25)  Approved  devices  eor  protection  oe  liee  and 

property  required  — CITY  HELD  harmless. — Any  and  all  per- 
sons, companies  or  corporations  operating  under  this  ordinance 
shall  be  required  to  adopt  the  most  modern  and  approved  devices 
for  the  protection  of  users  of  electric  light  against  injury  to  per- 
sons or  property,  and  shall  be  held  responsible  for  any  damages, 
whether  to  life  or  property,  which  may  result  from  the  construc- 
tion, maintenance  or  operation  of  their  plant,  and  shall  hold  the 
city  harmless  from  any  liability  for  damage  done  to  life  or 
property. 

§ 51-  (26)  Wires  may  be  ordered  underground. — Any 

person,  company  or  corporation  organised  or  continuing  in  oper- 
ation after  the  passage  of  this  ordinance  shall,  whenever  directed 


192 


General  Ordinances. 


§§  52>  53-  Fire  Department — Fire  Alarm  System. 


to  do  so  by  the  General  Council,  carry  all  wires  through  under- 
ground conduits,  and  shall  hold  the  city  harmless  in  the  matter 
of  any  claims  for  damages  on  account  of  being  required  to  carry 
wires  underground ; and  where  the  light  is  carried  to  posts,  towers 
or  brackets,  shall  do  so. through  tubes  to  within  six  inches  of 
where  the  light  is  exposed. 

§ 52.  (27)  Penalties. — A violation  of  any  of  the  con- 

ditions of  this  ordinance,  or  refusal  on  the  part  of  any  company 
or  person  to  make  such  alterations  and  repairs  in  their  present  or 
future  constructions  as  may  be  demanded  in  conformity  with  the 
provisions  of  this  ordinance,  shall  be  deemed  a misdemeanor,  and, 
on  conviction  thereof  in  the  police  court  of  the  City  of  Newport, 
shall  be  fined  in  a sum  not  less  than  one  nor  more  than  one 
hundred  dollars  for  each  offense. 


FIRE  DEPARTMENT. 

An  Ordinance  for  the  management,  control  and  protection  of  the  fire  alarm 
telegraph  system  of  the  City  of  Newport,  Ky.  (Approved  December  14, 

1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§53.  (1)  Control  oe  in  chief  oe  fire  department. — 

That  the  entire  control,  management  and  supervision  of  the  fire 
alarm  telegraph  system  erected  in  the  city,  together  with  all  the 
apparatus,  instruments,  wires,  batteries,  boxes  and  signal  stations 
thereunto  belonging,  shall  be  vested  in  the  Chief  of  the  Fire 
Department,  whose  duty  it  shall  be  at  all  times  to  keep  the  same 
in  all  its  various  parts  in  good  and  complete  working  order.  He 
shall  have  the  custody  and  control  of  all  the  keys  belonging  to 
the  various  signal  boxes,  which  said  keys  he  shall  distribute  to 
the  proper  parties  to  receive  and  hold  the  same,  to-wit:  To  the 

chief  of,  and  each  policeman  one,  and  one  to  the  proprietor  of  each 


General  Ordinances, 


i93 


§§  54 — 56.  Fire  Department — Fire  Alarm  System. 


business  house  nearest  where  such  signal  boxes  are  stationed,  and 
to  such  other  persons  as  the  General  Council  may  designate,  taking 
a receipt  therefor  from  each  and  every  person  receiving  them  ; he 
shall  label  each  key  and  keep  a record  of  the  custodian  thereof. 

§54.  (2)  Box  key  — unlawful  possession  of  — PEN- 

ALTY.— If  any  person  shall  make,  or  cause  to  be  made,  or  shall 
have  in  his  or  her  possession,  an  impression  or  dispatch  * of  any 
signal  box  key  without  the  express  permission  of  the  said  Chief 
of  Fire  Department,  or  any  person  who  shall  under  the  provisions 
of  the  preceding  section  have  received  any  of  said  keys,  and  shall 
refuse  to  deliver  up  or  return  the  same  when  legally  requested  so 
to  do,  said  persons  so  violating  any  of  the  provisions  of  this  sec- 
tion shall  be  fined  upon  conviction  in  any  sum  not  less  than  ten 
dollars  nor  more  than  fifty  dollars  and  costs. 

§55-  (3)  False  alarm  — interference  with  system  — 

penalty. — Any  person  who  shall  knowingly  and  purposely  give, 
or  cause  to  be  given,  a false  alarm,  or  who  shall  in  any  manner 
tamper,  meddle  or  interfere  with  said  boxes,  wire  supporters 
thereof,  or  any  other  part  of  said  fire  alarm  system,  or  who 
shall  break,  cut,  injure,  deface,  destroy  or  remove  any  of  the 
machinery,  fixtures  or  other  material  belonging  to  said  alarm,  or 
who  shall  make  any  connection  or  communication  therewith  so 
as  to  interrupt  or  interfere  with  the  proper  working  of  said  fire 
alarm  telegraph,  shall  be  fined  upon  conviction  in  any  sum  not 
less  than  ten  dollars  nor  more  than  fifty  dollars  and  costs. 

§ 56.  (4)  Chief  of  fire  department  — power  and  du- 

ties.— The  Chief  of  the  Fire  Department  shall  have  power  to 
make  such  alterations  and  extensions  in  the  signal  and  alarm  cir- 
cuits as  may  become  necessary  to  enable  him  to  secure  the  most 
complete  and  efficient  operation  at  all  times  of  said  fire  alarm 
system ; provided,  however,  that  such  alterations  and  extensions 
shall  be  consistent  with  and  adapted  to  the  requirements  of  said 
system ; and  provided  further,  that  no  obligations  or  expenditures 
shall  be  incurred  by  virtue  hereof  without  the  approval  of  the 

* Duplicate. — Ed. 


(13N) 


194 


General  Ordinances. 


§§  57 — 60.  Health,  Board  of. 


General  Council  shall  have  been  first  had  and  obtained  thereon 
and  therefor;  and  provided  further,  that  all  public  and  private 
property  shall  not  be  interfered  with  to  the  damage  thereof. 

§ 57.  (5)  Repealing  clause. — All  ordinances  in  conflict 

herewith  are  hereby  repealed. 


An  Ordinance  vesting  the  members  of  the  Fire  Department  of  the  City  of 
Newport,  Ky.,  with  police  power,  and  providing  for  and  fixing  the 
amount  of  bond  to  be  given  by  the  members  of  said  Fire  Department. 
(Approved  March  21,  1900.) 

Be  it  ordained  by  the  General  Council  of  Newport,  Ky. 

§ 58.  (1)  Firemen  vested  with  police  power. — That  the 

members  of  the  Fire  Department  of  the  City  of  Newport,  Ky.,  be, 
and  are  hereby,  vested  with  the  police  powers  exercised  by  the 
members  of  the  Police  Department  of  the  City  of  Newport,  Ky. 

§ 59.  (2)  Bond. — That  each  member  of  the  Fire  Depart- 

ment of  the  City  of  Newport,  Ky.,  shall,  before  beginning  the 
discharge  of  his  duty  as  such  policeman,  give  bond  for  the  faith- 
ful discharge  of  his  said  duty  to  the  City  of  Newport  in  the  sum 
of  $1,000,  with  good  and  approved  sureties  satisfactory  to  the 
Police  and  Fire  Commissioners,  and  shall  take  the  oath  required 
to  be  taken  by  policemen.  Said  bond  shall  be  taken  by  said  Com- 
missioners, and  all  bonds  shall  be  preserved  as  an  official  record. 


health. 

An  Ordinance  to  establish  a Board  of  Health  for  the  City  of  Newport,  Ky. 
(Approved  October  8,  1896.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 60.  ( 1 ) Board  oe  health  — number  — terms  — elec- 
tion— MAYOR  ex-officio  MEMBER  — SECRETARY HEALTH  OFFICER 

ex-officio  member. — That  there  shall  be,  and  is  hereby,  established 
a Board  of  Health  for  the  City  of  Newport,  consisting  of  six 


General  Ordinances, 


195 


§ 61.  Health,  Board  of. 


members,  who  shall  hold  their  office  for  three  years,  and  until 
their  successors  shall  be  appointed,  and  at  least  three  of  whom 
shall  be  competent  physicians ; they  shall  serve  without  compen- 
sation, and  be  elected  by  the  General  Council  of  the  city,  as  the 
terms  of  office  of  the  present  members  of  the  local  Board  of 
Health,  duly  appointed  and  organized  under  the  State  law, 
respectively,  expire.*  A majority  of  the  whole  number  of  the 
Board  of  Health  shall  be  necessary  to  constitute  a quorum  for  the 
transaction  of  business ; they  shall  meet  at  some  convenient  place 
in  said  city  within  ten  days  after  receiving  notice  of  their  appoint- 
ment, and  organize,  and  as  often  thereafter  as  they  shall  deem 
necessary ; the  Mayor  of  said  city  shall  be  ex-officio  member  of 
and  president  of  such  Board  of  Health,  but  shall  vote  only  in  case 
of  a tie ; they  shall  elect  from  their  own  body  a secretary,  who 
shall  keep  a journal  of  their  proceedings;  and  the  secretary  so 
appointed  shall  hold  his  office  for  such  period  of  time,  and  shall 
perform  such  duties  as  the  said  Board  of  Health  may  prescribe ; 
the  Health  Officer  of  the  city  shall  be  the  executive  officer  of  and 
ex-officio  member  of  such  Board  of  Health,  but  shall  have  no  vote. 

§61.  (2)  Powers  — duties. — The  Board  of  Health  shall 

have  general  charge  of  the  sanitary  condition  of  the  city,  furnish 
medical  treatment  to  the  poor  sick  of  the  city,  and  they  shall  have 
power  to  adopt,  during  the  prevalence  of  an  epidemic,  such  reg- 
ulations for  the  public  health  and  safety,  respecting  nuisances, 
sources  of  filth  and  causes  of  sickness,  as  may  be  consistent  with 
the  lawful  exercise  of  their  power ; and  such  regulations,  when 
ratified  by  the  General  Council  of  the  city,  by  ordinance,  shall 
have  the  effect  of  an  ordinance.  It  shall  be  the  duty  *of  the 
Health  Officer  to  examine  into  all  nuisances,  sources  of  filth  and 
causes  of  sickness  in  the  city  which  may  come  under  his  observa- 
tion, or  when  notified  of  the  same  to  report  the  same  to  the  Board 
of  Health ; and  when  declared  to  be  a nuisance  by  said  Board,  the 
same  shall  be  reported  to  the  Mayor  or  General  Council  of  the 
city,  who  shall,  according  to  law,  cause  the  same  to  be  removed, 


* Note.—  Pursuant  to  this,  the  terms  of  two  members  of  said  Board 
expire  September  16th  of  every  year. 


196 


General  Ordinances. 


§§  62 — 65.  Health,  Board  of. 


destroyed  or  disinfected,  at  the  expense  of  the  person  upon  whose 
premises  such  nuisance,  cause  of  sickness  and  sources  of  filth  may 
be  found  to  exist ; and  the  person  creating  or  continuing  such 
nuisances,  filth  or  cause  of  sickness  may  be  fined  under  this  ordi- 
nance not  exceeding  fifteen  dollars,  or  in  accordance  with  other 
laws  and  ordinances  of  the  city. 

§62.  (3)  Reports  to  council  — contagious  diseases  re- 

ported to  board  oE  health  — penalty. — The  Board  of  Health 
shall,  from  time  to  time,  cause  written  statements  to  be  made  to 
the  General  Council  of  the  city  as  to  the  cleanliness  and  health  of 
the  city,  and  suggest  such  sanitary  measures  as  they  may  deem 
important  in  preventing  the  introduction  and  spread  of  diseases 
among  the  inhabitants.  And  all  proprietors  of  hotels,  boarding- 
houses, coffee-houses,  or  other  places  in  which  contagious  diseases 
are  discovered,  and  physicians  attending  upon  such  diseases,  are 
hereby  required  to  notify  immediately  the  Board  of  Health  of  the 
existence  of  same.  And  any  such  person  who  shall  refuse  or  will- 
fully neglect  to  furnish  the  same  to  the  Board  of  Health  shall  be 
subject  to  a fine  of  not  less  than  one  nor  more  than  ten  dollars 
and  costs  of  conviction  thereof  in  the  police  court  of  said  city. 

§ 63.  (4)  City  officers  to  carry  out  orders  of  board  of 

health  — CLEANING  OF  streets,  etc.— The  city  officers  shall  at 
all  times  be  vigilant  in  carrying  out  the  orders  of  the  Board  of 
Health.  And  whenever  any  of  the  streets,  alleys,  lanes,  market 
spaces  or  commons  of  the  city  are  in  an  unclean  condition,  they 
shall  notify  the  said  General  Council  to  have  the  same  cleaned  in 
the  most  expeditious  manner. 

§64.  (5)  Hog  pens  in  city  limits  unlawful  — pen- 

alty.— It  shall  be  unlawful  for  any  person  or  persons  to  keep  any 
hogs  in  a pen  inside  of  the  city  limits ; and  it  shall  be  the  duty  of 
the  Health  Officer,  when  notified  of  the  same,  to  cause  the  same 
to  be  removed.  And  any  person  refusing  to  move  any  hog  pen 
off  his  or  her  premises  shall  be  fined  from  one  to  ten  dollars  and 
costs  on  conviction  thereof  in  the  police  court  of  said  city. 

§ 65.  (6)  Penalty. — Any  person  violating  the  regulations: 

made  by  the  Board  of  Health,  and  adopted  by  ordinance  of  the 


General  Ordinances. 


197 


§ 66.  Health-Officer. 


General  Council  of  the  city,  shall  forfeit  and  pay  a fine  of  not 
less  than  five  or  more  than  twenty  dollars  and  costs  of  suit,  on 
conviction  in  the  said  police  court. 


An  Ordinance  concerning  the  Health  Officer  of  the  City  of  Newport,  Ky. 

(Approved  January  4,  1895.)* 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§66.  (1)  Health  oeeicer  — duties  — That  the  Health 

Officer  appointed  by  the  Board  of  Health,  organized  pursuant  to 
the  State  law,  in  the  City  of  Newport,  shall  make  inquiry  into  all 
nuisances,  sources  of  filth  and  causes  of  sickness  in  the  city,  and 
in  the  name  of  the  Board  of  Health  shall  take  steps  to  abate  the 
same.  He  shall  keep  and  make  a weekly  report  of  the  work  done 
by  the  district  physician  ; he  shall  inquire  into  all  contagious  dis- 
eases and  take  necessary  steps  to  prevent  the  spread  of  same ; he 
shall  keep  a record  of  all  births,  still  births  and  deaths,  and  causes 
of  death ; he  shall  issue  a permit  for  burial  of  the  dead ; he  shall 
issue  a permit  to  convey  dead  bodies  through  or  out  of  the  city 
for  burial  of  same ; he  shall  inspect  all  markets,  both  public  and 
private,  and  report  condition  of  same ; he  shall  inspect  all  dairies 
from  which  milk  is  sold  in  the  city,  and  the  condition  of  the  milk 
from  same,  and  make  a report  of  his  inspection  to  the  State  Board 
of  Health  and  the  General  Council.  Immediately  upon  the  occur- 
rence of  any  contagious  or  infectious  disease  he  shall  report  same 
to  the  State  Board  of  Health,  local  or  city  Board  of  Health,  and 
the  General  Council,  and  shall  perform  such  other  duties  as 
provided  by  law. 


* Note. — This  ordinance  and  the  one  that  follows  are  both  given,  for, 
as  a matter  of  fact,  the  Health  Officer  is  now  appointed  by  the  Health 
Board,  and  Section  2 of  the  former  was  amended  subsequently  to  the 
passage  of  the  latter.  See,  also,  Kentucky  Statutes,  §§  2059  and  3058, 
Sub-section  1. 


198 


General  Ordinances. 


§§  67 — 69.  Health — Officer. 


§ 67.  (2)  Salary. — The  Health  Officer  shall  receive  as 

compensation  the  sum  of  sixty  dollars  per  month.  (Section  as 
amended  by  ordinance  of  September  23,  1896.) 


An  Ordinance  creating  the  office  of  Health  Officer  of  the  City  of  Newport, 
and  further  prescribing  the  manner  and  the  time  of  his  appointment, 
the  duration  of  his  term  of  office,  his  duties,  and  the  amount  of  his 
compensation.  (Approved  September  19,  1896  ) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§ 68.  ( 1 ) Health  oeeicer  — oeeice  created  — election 

— TERM. — That  the  office  of  Health  Officer  for  the  City  of  New- 
port be,  and  the  same  is  hereby  created.  Said  Health  Officer  shall 
be  elected  by  the  General  Council  of  said  city  in  joint  session,  on 
the  third  Saturday  of  September  in  alternate  years,  and  hold  his 
office  for  the  term  of  two  years  thereafter,  subject  to  removal  at 
any  time  by  said  General  Council. 

§ 69.  (2)  Duties. — That  said  Health  Officer  shall  make 

inquiry  into  all  nuisances,  sources  of  filth  and  causes  of  sickness 
in  the  city,  and  in  the  name  of  the  Board  of  Health  shall  take 
steps  to  abate  the  same.  He  shall  keep  and  make  a weekly  report 
of  the  work  done  by  the  district  physicians  ; he  shall  inquire  into 
all  contagious  diseases  and  take  necessary  steps  to  prevent  the 
spread  of  same ; he  shall  keep  a record  of  all  births,  still  births 
and  deaths,  and  causes  of  death ; he  shall  issue  a permit  for  the 
burial  of  the  dead ; he  shall  issue  a permit  to  convey  dead  bodies 
through  or  out  of  the  city  for  burial  of  same ; he  shall  inspect  all 
markets,  both  public  and  private,  and  report  condition  of  same ; 
he  shall  inspect  all  dairies  from  which  milk  is  sold  in  the  city, 
and  the  condition  of  milk  from  same,  and  make  a report  of  his 
inspection  to  the  State  Board  of  Health  and  the  General  Council. 
Immediately  upon  the  occurrence  of  any  contagious  or  infectious 
disease,  he  shall  report  same  to  the  State  Board  of  Health,  local 


General  Ordinances. 


199 


§§  7° — 73-  Health — Infection  Hospital. 


or  City  Board  of  Health,  and  the  General  Council,  and  shall 
perform  such  other  duties  as  provided  by  law. 

§ 7°.  (3)  Salary. — That  the  Health  Officer  shall  receive 

as  compensation  for  his  services  the  sum  of  sixty  dollars  per 
month. 

§71.  (4)  Repealing  clause. — That  all  ordinances  and 

parts  of  ordinances  conflicting  herewith  be,  and  the  same  are 
hereby  repealed,  and  this  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 


An  Ordinance  establishing  temporary  infection  hospital,  and  empowering 
the  Board  of  Health  of  the  City  of  Newport  to  remove  thereto  persons 
affected  with  infectious  or  contagious  diseases.  (Approved  December  20, 
1901.) 

Be  it  ordained  by  the  General  Council  of  Newport,  Ky. 

§72.  (1)  County  ineirmary  as  infection  hospital. — 

That  whereas  the  County  of  Campbell  has  consented  thereto,  the 
County  Infirmary,  situated  about  five  miles  south  of  Newport, 
be,  and  the  same  is  hereby  established  as  a temporary  infection 
hospital. 

§ 73.  (2)  Removal  of  patients  to  — interference  with 

removal  — penalty. — Whenever  smallpox,  yellow  fever  or  other 
contagious  or  infectious  diseases  shall  exist  in  the  City  of  New- 
port, the  Board  of  Health  of  said  city,  or  any  three  members 
thereof,  or  the  Health  Officer,  may  cause  any  person  afflicted  with 
such  disease  to  be  removed  to  the  infection  hospital,  as  they  may 
deem  it  necessary  as  a sanitary  measure.  If  the  physician  attend- 
ing the  diseased  person  shall  certify  in  writing  that  the  life  of  such 
person  would  be  in  danger  by  such  removal,  or  that  he  or  she  has 
good  and  careful  attention,  and  that  his  or  her  removal  would 
not  be  advisable  as  a sanitary  measure,  then  such  removal  shall 
or  shall  not  be  made,  in  the  discretion  of  the  Board.  Any  person 
or  persons  who  shall  prevent,  ‘or  attempt  to  prevent,  or  shall  inter- 


200 


General  Ordinances. 


§§  74 — 77.  Health — Midwifery. 


fere  in  any  way  with  said  removal  of  said  persons,  shall,  upon 
conviction  thereof,  be  deemed  guilty  of  a misdemeanor,  and  fined 
in  any  sum  not  exceeding  one  hundred  dollars. 


An  Ordinance  to  regulate  the  practice  of  midwifery  in  the  City  of  New- 
port, Ky.  (Approved  March  16,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§74.  (1)  Midwives  — registration  oe. — That  all  persons 

practicing  midwifery  within  the  City  of  Newport  shall,  within 
twenty  days  after  the  passage  of  this  ordinance,  register  their 
names,  ages  and  residences,  the  years  practicing,  and  by  whom 
and  when  instructed,  and  make  affidavit  thereto  and  exhibit  proofs 
of  their  said  instruction  with  the  Health  Officer  of  the  City  of 
Newport. 

§75.  (2)  Registry  oe  birth  — eorm. — That  each  and 

every  person  acting  in  the  capacity  of  midwife  shall  keep  a reg- 
ister of  all  births  at  which  they  have  attended,  showing  the  time 
and  place  of  birth,  name  of  the  father  and  maiden  name  of  the 
mother,  and  their  residence,  sex  and  color  of  the  child,  together 
with  its  name,  if  it  receive  one,  and  whether  said  child  was  born 
alive  or  stillborn. 

§7^-  (3)  Reports  to  health  oeeicer. — That  each  and 

every  person  practicing  midwifery  within  the  City  of  Newport 
shall  make  to  the  Health  Officer,  on  the  first  day  of  each  month, 
a report #of  all  births  at  which  they  have  attended  during  the  pre- 
vious month,  giving  the  time,  place  of  birth,  name  of  the  father 
and  maiden  name  of  the  mother,  and  their  residence,  sex  and  color 
of  the  child,  together  with  the  name  of  the  child,  if  it  receive  one, 
and  whether  said  child  was  born  alive  or  dead. 

§77.  (4)  Qualifications. — That  no  person  shall  be 

deemed  qualified  to  practice  midwifery  except  registered  phy- 
sicians and  registered  midwives. 


General  Ordinances. 


201 


§§  78 — 80.  Health — Removal  of  Ashes,  etc. 


§ 78.  (5)  Penalty. — Any  person  violating  any  of  the  pro- 

visions of  this  ordinance  shall,  on  conviction  in  the  police  court, 
be  fined  not  less  than  five  nor  more  than  twenty  dollars  and  costs 
of  prosecution. 


An  Ordinance  regulating  the  removal  of  ashes,  rubbish,  garbage,  dead 
animals  and  other  refuse  matter.  (Approved  November  27, *1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§79.  (1)  Ashes,  etc. — removal  oe. — That  it  shall  be 
unlawful  for  any  person  or  persons  to  throw,  or  place,  or  suffer 
to  drain  upon  any  street,  alley  or  other  public  place  or  vacant  lot 
in  the  city,  any  ashes,  rubbish,  slops,  garbage,  offal  or  animal  or 
vegetable  refuse ; but  said  slops,  garbage,  offal  and  refuse  shall 
be  placed  free  from  said  ashes  and  rubbish  in  suitable  vessels, 
secure  from  leakage,  upon  the  sidewalk  or  other  place  convenient 
and  accessible  to  the  persons  who  are  to  remove  the  same,  to-wit : 
the  garbage  contractor ; and  the  ashes  and  rubbish  shall  be  dis- 
posed of  in  the  same  way,  but  in  different  receptacles,  such  as 
boxes  or  barrels ; nothing  herein,  however,  being  intended,  nor 
shall  the  same  be  construed,  so  as  to  restrain  or  effect  the  right  of 
any  person  or  persons  to  dispose  of  their  ashes,  slops,  garbage, 
etc.,  by  private  contract  or  other  arrangement,  provided  same  shall 
be  done  in  such  a manner  as  shall  not  become  a nuisance. 

§ 80.  (2)  Removal  oE. — All  ashes,  garbage,  rubbish,  dead 

animals  and  other  refuse  matter  shall  be  removed  by  the  person 
or  persons  or  company  having  the  contract  therefor  with  the  city, 
and  same  shall  be  removed  in  such  manner  as  shall  cause  the  least 
inconvenience  to  the  citizens,  and  shall  be  collected  at  least  three 
times  per  week  in  the  warm  months,  and  twice  per  week  in  the 
remainder  of  the  year,  and  shall  be  removed  in  wagons  suitable 
for  the  purpose.  The  aforesaid  contractor  shall  keep  a person  at 
a convenient  place  in  the  city  during  business  hours,  to  whom 
notice  can  be  given  in  case  of  failure  to  remove  said  ashes,  gar- 
bage, etc.,  and  if  said  contractor  shall  fail  or  refuse  to  remove 


202 


General  Ordinances. 


§§  81 — 84.  Health — Public  Dumps. 


same  according  to  his  contract  and  this  ordinance  within  ten  hours 
from  notification,  said  refusal  or  failure  shall  be  held  a breach  of 
the  provisions  thereof  and  hereof. 

§ 81.  (3)  Penalty. — Any  person  violating  the  provisions 

of  this  ordinance  shall  be  fined  not  exceeding  ten  dollars  and  costs 
of  prosecution. 


An  Ordinance  establishing  and  designating  certain  places  in  the  City  of 
Newport,  Ky.,  for  the  dumping  and  deposit  of  dirt  and  rubbish. 
(Approved  December  5,  1894.) 

Be  it  ordained  by  the  General  Council  of  Newport , Ky. 

§82.  (1)  Public  dumps  designated — That  the  following 

named  places  within  the  corporate  limits  of  said  city  be,  and  are 
hereby  established  and  designated  as  public  dumping  places  for 
dirt  and  rubbish,  to-wit:  For  the  First  and  Third  Wards  of  said 
city,  the  south  side  of  First  street,  opposite  the  old  chemical 
works’  lot,  and  the  head  of  Third  street ; for  the  Second  and 
Fourth  Wards,  the  Garrison  lot  at  the  foot  of  Third  street,  and 
the  gully  west  of  Isabella  and  north  of  Southgate  streets ; for 
the  Fifth  Ward,  at  the  head  of  Ninth  street;  for  the  Sixth  and 
Seventh  Wards,  Twelfth  street,  between  Central  avenue  and 
Lowell  street,  Phillips  alley,  Hunt  alley,  and  Hogan  alley  west  of 
Brighton  street. 

§ 83.  (2)  Permit  — supervision  oe  superintendent  ob 

public  works. — No  person  shall  dump  at  any  of  said  designated 
places  without  having  first  obtained  a permit  so  to  do  from  the 
Superintendent  of  Public  Works,  and  no  person  shall  dump  in 
any  other  place  than  those  above  designated,  and  all  of  said 
places  and  the  dumping  thereon  and  thereat  shall  be  under  the 
supervision  of  the  said  Superintendent. 

§ 84.  (3)  Penalty. — Any  person  who  shall  in  any  wise 

violate  this  ordinance  by  dumping  dirt  or  rubbish  at  any  other 
than  the  designated  places  herein,  or  shall  dump  without  having 


General  Ordinances. 


203 


§§  85 — 88.  Health — Privy  Vaults. 


obtained  a permit  so  to  do,  or  shall  dump  or  deposit  said  dirt  or 
rubbish  against  the  orders  of  the  said  Superintendent  in  such  a 
manner  as  said  dumping  place  shall  be  injured  or  rendered  unfit 
for  dumping,  or  shall  dump  any  filth  or  garbage  at  any  of  said 
places,  shall  on  conviction  be  fined  in  any  sum  not  less  than  five 
dollars  nor  more  than  fifteen  dollars  and  costs  of  prosecution. 

§ 85.  (4)  Repealing  clause. — All  ordinances  in  conflict 

herewith  are  hereby  repealed. 


An  Ordinance  to  provide  for  and  regulate  the  cleaning  of  privy  vaults  in 
the  City  of  Newport,  Ky.  (Approved  August  10,  1898.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky . 

§ 86.  ( 1 ) Privy  vaults  — contents,  removal  oe  — per- 

mit.— That  hereafter  it  shall  be  unlawful  for  any  person  to  own, 
use  or  allow  upon  his,  her  or  their  premises  any  privy  vault  the 
contents  whereof  shall  be  within  two  feet  of  the  surface,  or 
become  a nuisance,  and  it  shall  likewise  be  unlawful  for  any 
person  to  remove  said  contents  without  first  having  obtained  a 
written  permit  from  the  Sanitary  Officer  of  the  City  of  Newport 
so  to  do. 

§87.  (2)  Cleaned  — now  and  when. — That  all  privv 

vaults  when  cleaned  must  be  cleaned  to  a depth  of  seven  feet, 
and  the  removal  of  the  contents  of  said  privy  vault  shall  be  made 
in  the  night  season  between  the  hours  of  11  o’clock  p.  m.  and 
4 o’clock  a.  m.,  and  in  inclosed  wagons,  carts  or  boxes,  and  in 
such  a manner  as  to  prevent  smell,  offense  and  inconvenience  to 
the  public,  and  shall  be  deposited  in  such  place  as  hereinafter  des- 
ignated. (Section  as  amended  by  ordinance  of  August  29,  1898. ) 

§88.  (3)  Night  soil  — how  and  where  deposited. — 

That  it  shall  be  unlawful  for  any  person  to  dump  or  deposit  any 
night  soil,  contents  of  any  privy  vaults  or  other  unhealthy  and 
offensive  matter  from  carts,  wagons  or  boxes,  or  in  any  other 
way,  in  the  City  of  Newport,  except  into  the  Picking  river  and 


204 


General  Ordinances. 


§§  89 — 91.  Health — Privy  Vaults. 


below  the  foot  of  Fifth  street,  and  dumped  or  deposited  in  such 
a manner  from  a boat  or  float  so  placed  that  the  said  matter 
shall  fall  into  said  river  not  less  than  thirty  (30)  feet  from  the 
water’s  edge. 

§89.  (4)  Privy  vaults  — examination  of.— It  shall  be 

the  duty  ©f  the  Sanitary  Officer  of  the  city  to  diligently  examine 
the  privy  vaults  of  the  city,  and  where  he  finds  that  same  should 
be  cleaned,  he  shall  give  written  notice  to  the  owner,  user  or 
occupant  of  the  property  upon  which  such  vault  is  located,  or  any 
other  proper  person  that  is  in  charge  of  or  has  control  over  it,  to 
clean  same  within  three  days  from  the  time  of  said  notice,  and  in 
the  event  any  of  the  above-named  persons  so  notified  neglecting 
or  refusing  to  comply  with  such  notice,  shall  be  subject  to  the 
penalties  of  this  ordinance. 

§ 90.  (5)  Permit  — issual  — Eorm. — The  permit  herein 

required  shall  give  the  name  or  names  of  the  person  or  persons 
to  whom  issued,  the  location  of  the  vault  or  vaults  to  be  cleaned, 
and  the  night  or  nights  the  work  thereunder  is  to  be  done,  and 
such  work  shall  be  done  at  no  other  time  or  place  than  said  permit 
authorizes.  Said  permit  is  not  assignable.  Said  permit,  while 
working  thereunder,  shall  be  so  kept  that  it  shall  at  all  times  be 
subject  to  the  inspection  of  the  police  of  the  city. 

§91.  (6)  Boat  or  float  used  for  dumping  — person  in 

charge  OF  — duty. — That  it  shall  be  the  duty  of  the  person  keep- 
ing and  in  charge  of  a boat  or  float  for  the  purpose  of  having 
same  used  for  the  dumping  of  night  soil  or  other  offensive  and 
unhealthy  matter,  to  keep  said  boat  or  float  in  good  condition  for 
said  purpose  at  all  times,  and  to  file  with  the  Sanitary  Officer  on 
Monday  of  each  week  a written  report  of  all  persons  using  said 
boat  or  float  for  the  purposes  aforesaid,  giving  the  names  and  time 
said  work  was  done.  It  is  further  provided , that  said  keeper  or 
person  in  charge  of  said  boat  or  float  shall  have  the  right  to 
charge  a fee  not  to  exceed  fifty  cents  per  load  from  the  vault 
cleaner,  and  in  case  said  fee  is  not  paid,  the  Mayor  is  hereby 
empowered  to  revoke  said  vault  cleaner’s  license  to  do  business 
as  such  at  once. 


General  Ordinances 


205 


§§  92 — 96.  Health— Regulations. 


§ 92.  (7)  Penalty. — Any  person  who  shall,  without  the 

permit  herein  required,  remove  such  contents  of  privy  vaults,  etc., 
or  who  shall  spill  any  of  same  along  the  streets,  avenues  and 
public  ways  of  the  city  by  reason  of  improper  and  insecure  carts, 
wagons  or  boxes  for  the  conveyance  of  same,  or  shall  deposit  any 
part  or  the  whole  of  such  contents  in  any  other  than  the  place 
herein  designated,  or  who  shall  in  any  other  manner  violate  the 
provisions  of  this  ordinance,  shall  be  subject  to  a fine  in  the  police 
court  of  not  less  than  ten  ($10)  dollars  nor  more  than  one 
hundred  ($100)  dollars  and  costs  of  prosecution. 

§ 93.  (8)  Sanitary  oeeicer  — duty. — It  shall  be  the  duty 

of  the  Sanitary  Officer  to  make  a monthly  report  to  the  General 
Council  of  the  city,  giving  the  names  of  the  persons  to  whom 
notice  has  been  given  as  herein  required,  the  general  progress 
of  and  the  condition  of  his  work  under  the  provisions  of  this 
ordinance. 

§ 94.  (9)  Repealing  clause. — This  ordinance  shall  take 

effect  and  be  in  force  from  and  after  its  passage  and  approval, 
and  all  ordinances,  and  parts  of  ordinances,  in  conflict  herewith 
are  hereby  repealed. 


An  Ordinance  to  regulate  the  sanitary  affairs  of  the  City  of  Newport,  Ky., 
and  prescribing  rules  therefor,  and  penalties  for  violation  of  same,  and 
repealing  all  ordinances  and  parts  of  ordinances  inconsistent  herewith. 
(Approved  March  16,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§95.  (1)  Dairy  — what  constitutes. — That  when  one 

or  more  cows  shall  be  kept  for  the  purpose  of  supplying  cus- 
tomers with  milk,  cream,  skimmed  milk  or  buttermilk,  the  owners 
of  such  cow  or  cows  shall  be  considered  as  carrying  on  a dairy. 

§ 96.  (2)  Dairy  — location  — cows  — how  kept. — That 

no  dairy  shall  be  located  within  the  city  limits,  and  the  cows  of 
each  and  every  dairy  shall  have  access  to  a plentiful  supply  of 


206 


General  Ordinances 


§§97 — ioi.  Health — Regulations. 


clean  water  and  pasturage,  and  shall  be  at  liberty  in  the  open  air, 
from  three  to  ten  hours  daily. 

§97-  (3)  Cows  — how  kept. — That  all  cows  kept  for 

dairy  purposes  shall  be  carefully  housed  at  night  and  in  inclement 
weather,  and  shall  not  be  crowded  in  their  stall  room.  They  shall 
have  sufficient  ventilation,  and  the  udder  of  each  cow  shall  be 
carefully  cleansed  of  all  manure  and  filth  before  milking. 

§98.  (4)  Unhealthy  cows. — No  sick  or  unhealthy  cow, 

nor  one  having  a chronic  cough,  fever,  lumpy  jaw,  caked  udder, 
sore  teats,  or  which  is  in  any  manner  out  of  condition,  shall  be 
permitted  to  remain  with  healthy  cows,  but  shall  be  immediatelv 
separated  from  the  rest  of  the  herd ; neither  shall  the  milk  of  such 
sick  or  diseased  cows  be  placed  with  that  of  the  sound  animals, 
nor  be  offered  for  sale. 

§99.  (5)  Sickness  — must  be  reported.  All  cases  of 

sickness  among  the  cattle  of  a dairy  shall  be  reported  to  the 
Health  Officer  within  twenty-four  hours.  It  shall  then  be  his 
duty  to  immediately  visit  such  dairy,  and  make  a thorough 
inspection,  and  examine  into  the  sickness  and  its  origin. 

§ 100.  (6)  Milk  — permit  to  SELL. — That  it  shall  be  un- 

lawful for  any  person  or  persons  to  sell,  deliver  or  offer  for  sale, 
milk,  cream,  skimmed  milk  or  buttermilk,  without  a permit  from 
the  Board  of  Health,  such  permit  to  be  furnished  gratuitously  to 
the  applicant  on  January  1st  of  each  year,  on  condition  that  all 
the  laws  and  regulations  concerning  dairies,  milk  and  milk  deal- 
ers be  strictly  complied  with ; and  such  permit  may  be  revoked  at 
any  time  by  the  Board  of  Health  for  violation  of  any  section  of 
this  ordinance.  This  permit  shall  not,  however,  be  construed  as  a 
license  to  sell  milk  as  provided  for  in  the  ordinance  requiring  all 
persons  dealing  in  milk  to  have  a license  therefor. 

§101.  (7)  Milk  — legal  standard. — The  legal  standard 

of  milk  shall  be : 

Per  cent,  of  water  not  over 87.50  per  cent. 

Fats  not  less  than 3-I25 

Per  cent,  of  solids  other  than  fats,  not 

less  than 9-375 


General  Ordinances. 


207 


§§  102 — 106.  Health — Regulations. 


All  milk  which  is  found  upon  analysis  to  contain  more  than 
8 yy2  per  cent,  of  watery  fluid  or  less  than  12]A  per  cent,  of  solids, 
shall  be  deemed  adulterated,  and  a cause  of  prosecution. 

§ 102.  (8)  Impure  milk  — sale  of  forbidden. — That 

whosoever  shall  sell,  cause  to  be  sold,  offer  for  exchange,  deliver, 
or  have  in  his  possession  with  intent  to  sell,  milk  not  in  con- 
formity with  the  legal  standard  as  specified  in  Section  7,  or  who- 
ever shall  sell  or  offer  for  sale  any  milk  the  product  of  a diseased 
or  unhealthy  animal,  shall  be  subject  to  the  penalties  prescribed 
by  this  ordinance. 

§ 103.  (9)  Skimmed  milk  — how  sold — That  it  shall  be 

unlawful  for  any  person  or  persons  to  bring  to  the  city  for  sale, 
exchange,  or  offer  for  sale,  or  have  in  his  possession  with  intent 
to  sell,  milk  commonly  known  as  skimmed  milk,  unless  in  a con- 
spicuous place  above  the  center,  and  upon  the  outside  of  every 
vessel  or  package  from  which  such  milk  is  sold,  the  words 
“skimmed  milk”  are  distinctly  marked  in  black  letters  of  bold 
type  not  less  than  two  inches  in  length. 

§104.  (10)  Dairies,  etc.  — inspection  of.  — That  all 

dairies,  including  the  cows,  milk  houses  and  milk  utensils,  the 
owner  of  which  sells  or  offers  for  sale  within  the  city  limits,  milk, 
cream,  skimmed  milk  or  buttermilk,  shall  be  subject  to  inspection 
by  the  Health  Officers,  who  are  hereby  authorized  to  enter  any 
place  where  milk  is  sold  or  kept  for  sale,  or  any  conveyance  used 
in  the  delivery  of  milk  found  therein,  and  take  sample  from  such 
milk,  cream,  skimmed  milk  or  buttermilk  for  the  purpose  of 
examination  or  analysis. 

§105.  (11)  Selling  from  milk  wagon  — regulations. — 

That  every  person  offering  for  sale  from  a milk  wagon,  milk, 
cream,  skimmed  milk  or  buttermilk,  shall  be  required  to  have 
painted  plainly  and  legibly  in  a conspicuous  place  on  said  wagon 
the  name  in  full  of  the  owner  thereof,  the  exact  location  of  the 
dairy,  and  the  number  of  his  permit. 

§106.  (12)  Slaughtering  of  animals  — regulations. — 

That  it  shall  be  unlawful  for  any  person  or  persons  to  slaughter 


208 


General  Ordinances. 


§ § i 07 — 109. — Health — Regulations. 


within  the  city  limits  any  beef,  calf,  sheep,  hog,  or  any  other 
animal  which  is  to  be  used  as  an  article  of  food,  except  calves 
and  sheep,  which  may  be  killed  in  cellars  which  have  cemented 
floors  with  sewer  connections,  and  said  animals  shall  not  be 
slaughtered,  dressed  or  hung,  or  the  meat  thereof,  wholly  or 
partly,  within  any  street,  avenue  or  sidewalk,  public  alley  or  place ; 
nor  in  any  place  or  position  that  said  killing  (or  bodies  or  parts 
of  such  animals,  when  hung,  and  before  they  have  ceased  to  bleed) 
shall  be  in  view  of  any  such  street,  avenue  or  alley,  or  of  the  per- 
sons who  may  be  therein  ; nor  shall  any  blood  or  dirty  water  or 
other  substance  from  such  animals,  meat  or  place  of  killing,  or 
the  appurtenances  thereof,  be  allowed  to  run,  fall  or  be  in  any 
street,  avenue,  sidewalk,  alley  or  place ; nor  shall  any  bones,  intes- 
tines or  other  parts  of  said  animals,  except  the  blood,  be  allowed 
to  pass  into  the  sewer,  and  said  cellars  shall  be  kept  clean  and 
sweet.  (Section  as  amended  by  ordinance  of  October  22,  1900.) 

§107.  (13)  Slaughtering  oe  animals  — unwholesome 

meat. — That  it  shall  be  unlawful  for  any  person  or  persons  to  kill 
a cow,  heifer,  sheep,  hog,  or  any  other  animal  which  is  to  be  used 
as  an  article  of  food,  while  pregnant  or  in  an  overheated  and 
feverish  condition ; nor  shall  the  meat  of  any  such  animal  be  sold 
or  offered  for  sale  as  an  article  of  food  within  the  City  of  New- 
port. Furthermore,  no  one  shall  sell  or  offer  for  sale  meat  which 
is  the  product  of  a diseased  animal,  or  meat  which  is  putrid,  blown 
or  unwholesome. 

§ 108.  ( 14)  Health  oeeicer  — power  to  destroy  un- 

wholesome meat,  etc. — That  the  Health  Officer  shall  have  the 
power  at  all  times,  and  at  any  place  in  the  city,  to  at  once  seize 
and  cause  the  destruction  of  all  meat,  fish,  game,  fruit,  vegetables, 
etc.,  offered  or  exposed  for  sale  within  the  city  limits,  which  are 
in  a state  of  decay,  or  in  any  way  unwholesome  as  articles  of  food. 

§109.  (15)  Corpse — regulations  concerning. — That  it 

shall  be  unlawful  to  convey  a corpse  in  any  manner  within,  through 
or  out  of  the  city  limits  without  a permit  from  the  Board  of 
Health  ; and  that  it  shall  be  unlawful  to  bury  any  corpse  within 
the  corporate  limits  of  the  City  of  Newport,  and  shall  be  unlawful 


General  Ordinances. 


209 


§§  no — 1 13.  Health — Regulations. 


to  convey  an  infected  corpse  to  a place  of  burial  in  any  other 
vehicle  than  a hearse ; nor  shall  such  infected  body  be  carried  into 
any  church,  hall  or  public  place. 

§ no.  (16)  Death  erom  contagious  diseases  — regula- 
tions concerning  body. — That  in  all  cases  of  death  from  small- 
pox, scarlet  fever,  diphtheria,  croup  or  cholera  or  from  any  other 
contagious  or  infectious  disease,  the  body  shall  be  wrapped  in  a 
sheet,  which  has  been  saturated  with  a solution  of  corrosive  sub- 
limate (one  ounce  to  a gallon  of  water),  and  placed  in  a coffin 
as  soon  as  possible,  which  shall  not  be  opened,  and  shall  thus  be 
buried,  without  any  public  demonstration. 

§ in.  (17)  Dead  body  — shipping  oe  in  certain  case 
forbidden. — That  the  shipping  of  bodies  of  persons  who  have  died 
from  smallpox,  cholera  or  yellow  fever  is  absolutely  forbidden. 

§ 1 12.  ( 18)  Dead  bodies  — shipment  oe. — That  the  bodies 

of  persons  who  have  died  from  scarlet  fever,  diphtheria,  measles 
and  typhoid  fever,  must  be  prepared  before  shipment,  as  stated  in 
Section  16,  and  placed  in  a coffin,  which  must  be  inclosed  in  a 
tight  wooden  box,  the  coffin  being  surrounded  by  sawdust,  satu- 
rated with  a solution  of  corrosive  sublimate  of  the  strength  given 
in  Section  16.  No  articles  which  have  been  exposed  to  the 
contagion  can  accompany  the  body. 

§113.  (19)  Dead  bodies  — shipment  oe. — That  every 

dead  body  received  for  transportation  in  this  city  must  be  accom- 
panied by  a certificate  of  death  from  the  attending  physician  or 
Health  Officer,  and  a certificate  from  the  shipping  undertaker, 
that  the  body  has  been  prepared  for  shipment  in  accordance  with 
the  rules  and  regulations  of  the  State  Board  of  Health  of  Ken- 
tucky. If  the  body  has  been  received  for  shipment  into  this  city 
from  some  other  State  or  country,  it  must  be  accompanied  by  a 
physician’s  certificate  of  death  and  a certificate  from  the  ship- 
ping undertaker  that  the  body  has  been  prepared  for  shipment  in 
accordance  with  the  rules  and  regulations  of  the  health  authorities 
of  such  State  or  country. 


( 14N) 


210 


General  Ordinances. 


§§114 — 1 17.  Library,  Public — Appropriation. 


§ 1 14.  (20)  Vaccination. — That  no  child  shall  be  permit- 

ted to  attend  any  public,  private  or  parochial  school  without  pre- 
senting satisfactory  evidence  of  having  been  successfully  vacci- 
nated, and  when  smallpox  is  prevalent  in  said  City  of  Newport, 
all  persons  over  twenty-one  (21)  years  of  age,  who  have  not  been 
successfully  vaccinated  for  seven  (7)  years  prior  thereto,  shall  be 
required  so  to  do  upon  the  order  of  the  Board  of  Health. 

§ 1 15.  (21)  Penalties. — That  any  person  or  persons  vio- 

lating any  of  the  provisions  of  this  ordinance  shall,  upon  convic- 
tion in  the  police  court,  be  fined  not  less  than  twenty-five  nor  more 
than  two  hundred  dollars  and  costs  of  prosecution,  and  if  said  fine 
and  costs  are  not  paid  they  shall  be  worked  out  by  the  person 
convicted  in  the  city  jail  or  workhouse  of  said  city.  (Section  as 
amended  by  ordinance  of  October  31,  1895.) 

§ 1 16.  (22)  Repealing  clause. — That  all  ordinances  and 

parts  of  ordinances,  so  far  as  the  same  are  in  conflict  herewith, 
be  and  the  same  are  hereby  repealed. 

[For  District  Physicians,  etc.,  see  subject,  “ Poor,”  page  282.] 


LIBRARY,  PUBLIC. 

Resolution.  (Approved  November  28,  1899.) 

Whereas,  Andrew  Carnegie,  of  New  York  City,  has  gen- 
erously tendered  to  the  City  of  Newport  the  sum  of  $20,000.00 
for  the  purpose  of  erecting  a public  library  in  our  city,  upon  con- 
dition that  we  furnish  a suitable  site  whereon  to  build  the  same ; 
and  that  the  city  appropriate  the  sum  of  $2. 000.00  annually  for 
the  support  thereof ; now,  therefore, 

Be  it  resolved  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 1 17.  (1)  Carnegie  gift  accepted  — appropriation  for 

library. — That  the  City  of  Newport  hereby  accepts  with  pro- 
found gratitude  his  generous  offer,  and  that  beginning  with  the 


General  Ordinances. 


21 1 


§§  118 — 120.  Library,  Public — Appropriation. 


year  1900  there  be,  and  now  is,  appropriated  the  sum  of  $2,000.00 
per  annum,  to  be  paid  to  the  Trustees  of  the  Public  Library,  for 
the  use  and  maintenance  thereof  by  the  City  of  Newport. 

§ 1 18.  (2)  Resolutions  certified. — That  a certified  copy 

of  these  resolutions  be  delivered  to  the  President  of  the  Board  of 
Trustees  of  the  Public  Library,  to  be  forwarded  to  Andrew 
Carnegie  as  expressive  of  our  appreciation  and  gratitude  for  his 
generosity  in  our  behalf. 


Joint  Resolution.  (Approved  February  11,  1902.) 

Whereas,  Andrew  Carnegie,  Esq.,  of  New  York  City,  has 
generously  tendered  to  the  City  of  Newport  an  additional  $6,500.00 
for  the  purpose  of  furnishing,  etc.,  in  a suitable  style  the  library 
building  erected  with  his  former  donation  of  $20,000.00,  com 
ditionally  that  the  City  of  Newport  increase  its  yearly  appropri- 
ations for  the  support  of  said  library  from  $2,000.00  to  $2,650.00 ; 
now,  therefore, 

Be  it  resolved  by  the  General  Council  of  the  City  of  Newport , Ky. 

§119.  (1)  Additional  appropriation  — library. — Thar 

beginning  with  the  present  year  1902  there  be  and  now  is,  appro- 
priated the  sum  of  $650.00  per  annum  in  addition  to  the  $2,000.00 
appropriated  in  resolution  of  the  General  Council,  approved 
November  28,  1899,  so  that  the  yearly  appropriation  for  the  sup- 
port and  maintenance  of  the  public  library  be;  and  the  same  is 
now,  established  in  the  sum  of  $2,650.00  per  annum,  payable  to 
the  Trustees  of  the  Public  Library  of  the  City  of  Newport,  Ky. 

§ 120.  (2)  That  a certified  copy  of  the  resolution  be  fur- 

nished to  aforesaid  Trustees  for  transmission  to  Mr.  Andrew 
Carnegie,  with  the  expression  of  the  appreciation  of  this  body 
for  his  generosity  in  behalf  of  our  city. 


212 


General  Ordinances 


§§  121 — 123.  Licenses — Business. 


LICENSES. 

An  Ordinance  requiring  persons,  corporations  or  companies  carrying  on 
occupations,  business  and  practicing  their  professions  in  the  City  of 
Newport,  Ky.,  to  take  out  a tax  license  therefor,  and  prescribing  a pen- 
alty for  a failure  of  such  persons,  corporations  or  companies  so  to  do. 
(Approved  April  30,  1896.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§ 121.  (1)  License  oe  various  trades,  etc. — That  no  per- 

son, corporation  or  company  shall  carry  on  any  trade,  business 
or  profession,  as  hereinafter  mentioned,  in  the  City  of  Newport 
without  having  obtained  a license  therefor  as  herein  required. 

§ 122.  (2)  Penalty. — That  any  such  person,  corporation 

or  company  who  shall  fail  to  take  out  a license  as  hereafter 
required,,  or  any  person  who  shall  begin  or  continue  to  act  under 
the  employment  or  control  of  any  person,  corporation  or  com- 
pany carrying  on  a trade,  business  or  profession  in  the  City  of 
Newport,  after  such  person,  corporation  or  company  has  failed 
to  obtain  the  said  license  therefor,  shall,  on  conviction  thereof  in 
the  city  police  court,  be  fined  in  any  sum  not  less  than  three 
($3.00)  dollars  nor  more  than  one  hundred  ($100)  dollars  and 
costs  of  prosecution,  and  in  default  of  payment  thereof  shall  be 
confined  in  the  city  work-house  or  jail,  and  work  the  same  out  at 
the  rate  of  fifty  (50)  cents  per  day;  or  any  person,  company  or 
corporation  doing  business  or  pursuing  any  occupation  or  profes- 
sion, without  a license  as  herein  required,  can  be  proceeded  against 
for  the  collection  of  said  license  fee  by  action  in  the  Circuit  Court 
or  any  court  of  competent  jurisdiction  in  the  county  of  Campbell. 
(Section  as  amended  by  ordinance  of  April  27,  1897.) 

§123.  (3)  License  — not  assignable. — No  license  shall 

be  assignable  or  authorize  any  other  person,  corporation  or  com- 
pany than  that  therein  named,  to  do  business  thereunder.  Every 
such  license  shall  specify  by  name  the  person,  corporation  or 
company,  and  kind  of  business,  occupation  or  profession  therein 
authorized. 


General  Ordinances* 


213 


§§  124 — 128.  Licenses — Business. 


§ 124.  (4)  License  — exhibition  of. — Every  person,  cor- 

poration or  company  procuring  such  license  shall  exhibit  it  while 
in  force  in  some  conspicuous  place  in  the  house  wherein  same 
carries  on  the  business,  or  if  a person  be  doing  business  on  foot, 
such  person  shall  have  said  license  with  him  or  her,  or  in  case 
of  peddlers  or  hucksters,  or  other  persons  doing  business  with 
vehicles,  by  a tag  or  tags  placed  in  a conspicuous  place  upon  said 
vehicle. 


§125.  (5)  License  — date — payment. — The  licenses 

herein  authorized  and  required  shall  date  from  May  1st  of  each 
year,  and  shall  be  for  one  year ; provided,  persons,  corporations  or 
companies  beginning  a business,  occupation  or  profession  at  any 
time  after  the  first  day  of  May  shall  pay  for  a proportionate  part 
of  the  license  for  the  fractional  part  of  the  year  until  the  next 
succeeding  May  1st,  but  same  shall  not  be  less  than  one  ($1.00) 
dollar. 

§ 126.  (6)  Revocation. — Upon  a violation  of  any  of  the 

provisions  of  this  ordinance  by  a person,  corporation  or  company 
holding  a license,  the  Mayor  is  authorized  to  revoke  the  license 
of  said  person,  corporation  or  company. 

§127.  (7)  Conviction  — not  exempt  from  payment. — 

Conviction  for  doing  a business,  pursuing  an  occupation  or  pro- 
fession without  a license  therefor,  as  herein  required,  shall  not 
exempt  from  the  payment  of  the  license  tax. 


§128.  (8)  Licenses  — amounts. — The  several  amounts  to 

be  paid  by  persons,  corporations  or  companies  as  license  fees  for 

a Profes- 

sion^as  herein  provided, ^shall  be  as  follows,  to-wit: 

Sub-section  1.  Real  estate  agent,  etc.' — For  doing  busi- 
ness as  a real  estate  agent,  rental  agent,  financial  agent  or  broker 
and  auctioneer  in  the  City  of  Newport,  the  sum  of  fifteen  ($15.00) 
dollars  per  annum. 


Sub-section  2.  BreadstuFFS. — (Stricken  out  by  amendment 
by  ordinance  of  July  31,  1901.) 


Sub-section  3.  Liquors  — wholesalers. — For  doing  busi- 


214 


General  Ordinances. 


§ 128.  Licenses — Business. 


ness  as  wholesalers  of  spirituous,  vinous  or  malt  liquors  in  the  Citv 
of  Newport,  the  sum  of  one  hundred  ($100)  dollars  per  annum. 

Sub-section  4.  Liquors  — not  to  be  drunk  on  premises. — 
For  doing  business  of  selling  spirituous,  vinous  or  malt  liquors 
in  quantities  of  a quart  or  less,  not  to  be  drunk  on  the  premises 
in  the  City  of  Newport,  the  sum  of  one  hundred  ($100)  dollars 
per  annum. 

Sub-section  5.  Promoters  oe  concerts. — Promoters  of 
concerts,  the  sum  of  three  ($3)  dollars  for  each  performance 
where  an  admission  fee  is  charged. 

Sub-section  6.  Photographers'  agents  — Photographers’ 
agents  or  solicitors  doing  business  in  the  City  of  Newport,  the 
sum  of  ten  ($10)  dollars  per  annum. 

Sub-section  7.  Runners. — For  doing  business  as  runner  in 
the  City  of  Newport,  the  sum  of  five  ($5)  dollars  per  annum. 

Sub-section  8.  Public  shows. — For  giving  public  shows >f 
where  an  admission  fee  is  charged,  the  sum  of  three  ($3)  dollars 
for  each  show,  except  where  the  entire  receipts  are  for  the  benefit 
of  some  church  or  school  or  other  charitable  purpose. 

Sub-section  9.  Commission  merchant. — For  doing  busi- 
ness as  commission  merchant  in  the  City  of  Newport,  the  sum  of 
five  ($5)  dollars  per  annum. 

Sub-section  10.  Lightning  rod  agent. — For  doing  busi- 
ness as  a lightning  rod  agent  in  the  City  of  Newport,  the  sum  of 
twenty-five  ($25)  dollars  per  annum. 

Sub-section  11.  Claim  agent. — For  doing  business  as  a 
claim  agent,  the  sum  of  ten  ($10)  dollars  per  annum. 

Sub-section  12.  Se^vi^g  machine  agent. — For  doing  busi- 
ness as  a sewing  machine  agent  or  solicitor,  the  sum  of  fifteen 
($15)  dollars  per  annum. 

Sub-section  13.  Nurseries'  solicitor. — For  doing  business 
as  a solicitor  for  nurseries'  in  the  City  of  Newport,  the  sum  of 
ten  ($10)  dollars  per  annum. 

Sub-section  14.  Brewers'  AGENTS.—  For  brewers’  agents 
doing  business  in  the  City  of  Newport,  the  sum  of  one  hundred 


General  Ordinances. 


215 


§ 128.  Licenses — Business. 


($100)  dollars  per  annum,  and  any  brewing  company  or  brewing 
corporation  doing  business  in  said  city,  the  sum  of  one  hundred 
($100)  dollars  per  annum,  the  said  company  or  corporation  not 
being  represented  by  any  agent  in  said  city. 

Sub-section  15.  Advertising  agents. — For  doing  business 
as  advertising  agents  in  the  City  of  Newport,  the  sum  of  five  ($5) 
dollars  per  annum. 

Sub-section  16.  Loan,  etc.,  companies  — For  loan  and 
brokerage  companies  doing  business  in  the  City  of  Newport,  the 
sum  of  twenty-five  ($25)  dollars  per  annum. 

Sub-section  17.  Broker. — For  doing  business  as  a mer- 
chandise broker  in  the  City  of  Newport,  the  sum  of  ten  ($10) 
dollars  per  annum. 

Sub-section  18.  Railroad  ticket  broker. — For  doing  busi- 
ness as  a railroad  ticket  broker  in  the  City  of  Newport,  the  sum 
of  ten  ($10)  dollars  per  annum. 

Sub-section  19.  Lumber  broker. — For  doing  business  as 
a lumber  broker  in  the  City  of  Newport,  the  sum  of  ten  ($10) 
dollars  per  annum. 

Sub-section  20.  Bill  posting  and  lithographing  — dis- 
tribution by  SAMPLES  — BILL  DISTRIBUTING  — SIGN  WRITING. — 
For  the  business  of  bill  posting  and  lithographing,  seventy  ($70) 
dollars  per  annum ; for  the  business  of  the  distributing  of  any  cir- 
cular, hand-bill,  pamphlet,  or  any  article  or  commodity  by  sample, 
thirty-five  ($35)  dollars  per  annum,  or  in  lieu  thereof  a daily 
license  of  three  ($3)  dollars  per  person  so  engaged ; for  the  busi- 
ness of  sign  writing  or  sign  advertising,  the  sum  of  twenty  ($20) 
dollars  per  annum,  or  in  lieu  thereof  a daily  license  of  three  ($3) 
dollars  per  person  so  engaged.  ( Sub-section  as  amended  by  ordi- 
nance of  September  8,  1905,  amending  an  amendment  by  ordi- 
nance of  April  22,  1904;  the  original  section  was  amended  by 
ordinance  of  January  30,  1898.) 

Sub-section  21.  Junk  dealer. — For  doing  business  as  a 
junk  dealer  in  the  City  of  Newport,  the  sum  of  fifteen  ($15) 
dollars  per  annum. 


General  Ordinances. 


216 


& 


\> 


§ 128.  Licenses — Business. 

Sub-section  22.  Second-hand  dealer. — For  doing  busi- 
ness as  a second-hand  dealer  in  the  City  of  Newport,  the  sum  of 
ten  ($10)  dollars  per  annum. 

Sub-section  23.  Ice  dealer. — For  doing  business  as  an  ice 
dealer  in  the  City  of  Newport,  the  sum  of  twenty  ($20)  dollars 
per  annum. 

Sub-section  24.  Grain  elevator. — For  doing  business  as 
the  proprietor  of  a grain  elevator  in  the  City  of  Newport,  the  sum 
of  twenty-five  ($25)  dollars  per  annum. 

Sub-section  25.  Cyclorama. — For  giving  cyclorama  shows 
when  an  admission  fee  is  charged,  the  sum  of  three  ($3)  dollars 
per  day. 

Sub-section  26.  Panorama. — For  giving  panorama  shows 
where  an  admission  fee  is  charged,  the  sum  of  three  ($3)  dollars 
for  each  day,  except  where  the  entire  receipts  are  for  some 
charitable  purpose. 

Sub-section  27.  Skating  rink. — For  keeping  skating  rink, 
the  sum  of  fifty  ($50)  dollars  per  annum. 

Sub-section  28.  Storage  houses.—  For  doing  business  as 
keepers  or  proprietors  of  storage  and  transfer  houses,  the  sum  of 
ten  ($10)  dollars  per  annum. 

Sub-section  29.  Nurseryman. — For  doing  business  as  nur- 
seryman, the  sum  of  three  ($3)  dollars  per  annum. 

Sub-section  30.  Pedestrian  exhibitions. — For  giving  pe- 
destrian exhibitions,  the  sum  of  three  ($3)  dollars  per  annum. 

Sub-section  31.  Wrestling  exhibitions. — For  giving- 
wrestling  exhibitions,  the  sum  of  fifty  ($50)  dollars  for  each 
exhibition  or  entertainment. 

Sub-section  32.  Detective  agency. — For  doing  business  as 
a private  detective  agency,  the  sum  of  ten  ($10)  dollars  per 
annum. 

Sub-section  33.  Horse  and  cattle  dealer. — For  doing 
business  as  a horse  and  cattle  dealer,  the  sum  of  ten  ($10)  dollars 
per  annum. 


General  Ordinances. 


217 


128.  Licenses — Business. 


Sub-section  34.  Patent  right  dealer. — For  doing  busi- 
ness as  a patent  right  dealer,  the  sum  of  ten  ($10)  dollars  per 
annum. 

Sub-section  35.  Laundryman. — For  doing  business  as 

laundryman  in  the  City  of  Newport,  the  sum  of  ten  ($10)  dollars 
per  annum. 

Sub-section  36.  Laundry  agent. — For  doing  business  as  a 
laundry  agent  of  a laundry  not  situated  in  the  City  of  Newport, 
the  sum  of  ten  ($10)  dollars  per  annum ; provided , however,  but 
one  agent  shall  be  required  to  pay  for  each  company  represented 
in  the  city. 

Sub-section  37.  Insurance. — That  all  insurance  companies 
doing  business  themselves  or  by  their  agents  in  the  City  of  New- 
port shall  pay  as  an  annual  license  two  and  a half  per  cent,  into 
the  city  treasury  on  all  premiums  or  policies  that  may  be  issued 
by  any  such  company  or  its  agents ; the  number  and  amount  of 
said  premiums  shall  be  ascertained,  verified  and  determined  on 
the  sworn  statement  of  the  agent  or  proper  representative  of  such 
company,  by  the  City  Clerk  of  the  city.  Said  sworn  statement 
shall  be  rendered  to  the  said  Clerk  on  the  first  Monday  of  May 
in  each  year,  and  shall  contain  a true  and  correct  account  of  all 
premiums  received  by  each  and  every  company,  or  its  agencies 
thereof,  during  the  preceding  year.  Such  statement  shall  be  the 
basis  for  a calculation  of  the  license  tax  to  be  paid  for  the  year  fol- 
lowing. ( Suh-section  as  amended  by  ordinance  of  April  27,  1897.) 

Sub-section  38.  Insurance  broker. — For  doing  business 
as  an  insurance  broker  or  as  an  insurance  solicitor  in  the  Citv 
of  Newport,  the  sum  of  twenty-five  ($25)  dollars  per  annum. 
(Sab-section  as  amended  by  ordinance  of  April  27,  1897.) 

Sub-section  39.  Banking.' — All  banking  and  other  corpo- 
rations doing  business  in  the  City  of  Newport  shall  pay  a license 
of  one  hundred  ($100)  dollars  per  annum. 

Sub-section  40.  Telegraph. — Each  telegraph  company  ~ 
doing  business  in  the  City  of  Newport,  the  sum  of  fifteen  ($15)  c 
dollars  per  annum. 


2 18 


General  Ordinances. 


§ 128.  Licenses — Business. 


Sub-section  41.  Telephone. — Each  telephone  company 
doing  business  in  the  City  of  Newport,  the  sum  of  two  hundred 
and  fifty  ($250)  dollars  per  annum.  (Sub-section  as  amended  by 
ordinance  of  April  22,  1904.) 

Sub-section  42.  Messenger. — Each  district  messenger  com- 
pany doing  business  in  the  City  of  Newport,  the  sum  of  five  ($5) 
dollars  per  annum. 

Sub-section  43.  Lenders  oe  money  on  chattel  mort- 
gages.— For  doing  business  as  lenders  of  money  on  chattels  or 
chattel  mortgages,  the  sum  of  three  hundred  ($300)  dollars  per 
annum.  (Sub-section  as  amended  by  ordinance  of  April  22,  1904.) 

Sub-section  44.  Huckster. — For  doing  business  as  a huck- 
ster in  the  City  of  Newport,  the  sum  of  ten  ($10)  dollars  per 
annum  where  said  business  is  pursued  on  foot,  and  twenty  ($20) 
dollars  per  annum  when  said  business  is  carried  on  with  a wagon-; 
provided , however,  that  when  the  same  is  carried  on  with  a wagon, 
the  license  shall  entitle  the  holder  to  use  but  one  wagon,  and  but 
two  persons  shall  accompany  said  wagon. 

Sub-section  45.  Peddler. — For  doing  business  as  a peddler 
in  the  City  of  Newport,  the  sum  of  ten  ($10)  dollars  per  annum 
where  said  business  is  carried  on  foot,  and  twenty  ($20)  dollars 
per  annum  when  the  same  is  carried  on  with  a wagon ; provided, 
however,  that  when  the  same  is  carried  on  with  a wagon,  the 
license  shall  entitle  the  holder  to  the  use  of  but  one  wagon,  and 
but  two  persons  shall  accompany  each  wagon. 

Sub-section  46.  Auction  house. — For  doing  business  of 
keeping  an  auction  house,  the  sum  of  twenty-five  ($25)  dollars 
per  annum. 

Sub-section  47.  Pawn-broker. — For  doing  business  as  a 
pawn-broker  in  the  City  of  Newport,  the  sum  of  twenty-five 
($25)  dollars  per  annum. 

Sub-section  48.  Masquerade  bAll. — For  each  masquerade 
ball  other  than  a party  in  a private  residence,  the  license  shall  be 
seventy-five  ($75)  dollars. 


General  Ordinances. 


219 


§ 128.  Licenses — Business. 


Sub-section  49.  Fortune  telling. — For  practicing  fortune 
telling,  the  sum  of  one  hundred  ($100)  dollars  per  annum. 

Sub-section  50.  Clairvoyant. — For  practicing  as  a clair- 
voyant in  the  City  of  Newport,  the  sum  of  one  hundred  ($100) 
dollars  per  annum. 

Sub-section  51.  Itinerant  doctor. — For  practicing  as  an 
itinerant  doctor  or  doctress,  the  sum  of  one  hundred  .($100) 
dollars  per  annum. 

Sub-section  52.  Billiards,  pool,  etc. — For  billiards,  pool, 
or  other  tables  or  instruments  used  for  public  amusements,  the 
sum  of  ten  ($10)  dollars  per  annum  each. 

Sub-section  53.  Circus. — For  circus  performances,  the  sum 
of  fifty  ($50)  dollars  per  day. 

Sub-section  54.  Operatic,  etc. — For  operatic,  theatrical  or 
other  exhibitions  not  specifically  mentioned,  the  sum  of  five  ($5) 
dollars  for  each  performance. 

Sub-section  55.  Bowling  alleys. — For  keeping  one  pin  or 
bowling  alley,  the  sum  of  twenty-five  ($25)  dollars  per  annum; 
for  two,  the  sum  of  thirty-five  ($35)  dollars  per  annum  ; and  when 
more  than  two  alleys  are  kept,  five  ($5)  dollars  for  each  additional 
one.  (Sub-section  as  amended  by  ordinance  of  April  27,  1897.) 

Sub-section  56.  Shooting  gallery.—  For  keeping  a shoot- 
ing gallery,  the  sum  of  ten  ($10)  dollars  per  annum. 

Sub-section  57.  Street  taker. — For  doing  business  as  a 
street  faker  or  vender  of  drugs,  nostrums,  trinkets  or  other 
articles,  the  sum  of  twenty-five  ($25)  dollars  per  annum. 

Sub-section  58.  Electric  light  company. — Each  electric 
light  company  and  gas^  company  doing  business  in  said  city,  the 
sum  of  one  hundred  ($100)  dollars  per  annum  as  a business 
license. 

Sub-section  59.  Express  wagon. — For  doing  business  of 
expressing  with  wagons,  the  sum  of  five  ($5)  dollars  per  annum 
for  each  wagon. 

Sub-section  60.  Furniture  wagon. — For  doing  business 


220 


General  Ordinances. 


§§  129 — 131.  Licenses — Business. 


of  hauling-  with  furniture  wagons,  called  furniture  cars,  the  sum 
of  ten  ($10)  dollars  per  annum  for  each  wagon  or  car.  (Sub- 
section as  amtended  by  ordinance  of  April  27 , 1897.) 

Sub-section  61.  Slot  machines. — Each  person,  corpora- 
tion or  company  setting  up  or  keeping  a slot  weighing  machine, 
or  slot  machine  of  any  character,  the  sum  of  three  ($3)  dollars 
per  annum  for  each  machine. 

§ 129.  (a)  Issuance. — The  license  herein  required^ s.hajl  be 

issued  by  the  OitwOerk  upon  payment  to  the  City  -Treasurer  of 
the  amount  necessary  therefor,  according  to  and  as  set  forth  and 
required  in  Section  eight  (8)  hereof,  and  the  license  inspectors 
and  police  of  the  city  shall  be  empowered  and  authorized  at  all 
times  to  demand  the  production  of  the  same  from  the  holder 
thereof,  or  from  any  person,  corporation  or  company  that  should 
have  a license. 

§130.  (10)  License  eees  — purpose. — The  license  fees 

hereby  imposed,  levied  and  collected  shall  be  for  the  purpose  of 
paying  the  expenses  of  maintaining  the  city  government  of  New- 
port, Ky.,(and  shall  be  apportioned,  appropriated  and  set  apart 
exclusively  to  the  police  fund  of  said  city,  and  be  devoted  to  the 
payment  of  its  police  force) 

§131.  (iga)  Renewal — ^penalty  added. — That  all  licenses 
issued  under  said  ordinance^  and  the  amendment  to  same,  -ap- 
q^wethiVpril  -277-  ^897,  shall  expire  May  1st  each  year,  and  any 
renewal  of  a license  thereunder  on  o^jif£er^May  15th  in  any  year 
shall  have  added  thereto  by  the  jCk^C4erk,  and  he  is  hereby 
authorized  so  to  do,  a penalty  of  eight  per  cent,  to  and  upon  the 
a'mount  of  such  tax,  license  or  licenses,  and  said  eight  per  cent, 
penalty  shall  be  in  addition  to  the  penalties  as  set  forth  in  said 
ordinance  and  amendment  for  the  non-payment  of  the  tax,  license 
or  licenses.  Jt,  shall  be  the  special  duty  of  the  said  City  Clerk 
and  the  LieenseTnspecter  to  strictly  enforce  the  provisions  of  this 
ordinance,  (and  the  compensation  of  such  License  Inspector,  when 
entitled  to  the  same,  shall  be  paid  out  of  the  penalties  added  as 
aforesaid,  otherwise  such  added  penalties  when  collected  shall  be 


General  Ordinances. 


221 


, §§  132 — 135.  Licenses — Dogs,  Goats. 


appropriated  to  the  police  fund  of  said  city.}  (Section  added  by 
amendment  by  ordinance  of  March  30,  1898.) 

§ 132.  (11)  Repealing  clause. — All  ordinances  and  parts 

of  ordinances  which  have  been  heretofore  enacted,  and  which 
relate  to  the  subject-matters  this  ordinance,  be,  and  the  same 
are  hereby  repealed. 


An  Ordinance  to  license  dogs  and  goats,  and  to  prescribe  the  duties  of  the 
collector  of  taxes  on  same.  (Approved  May  18,  1896.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 133.  ( 1 ) Dogs  and  goats  — licensed  — amount. — That 

every  owner  or  keeper  of  a dog  or  goat  within  the  city  limits  be, 
and  is  hereby  required  to  obtain  from  the  City  Clerk  a license,  and 
to  pay  therefor  the  sum  of  one  ($1)  dollar  for  each  dog;  the  sum 
of  three  ($3)  dollars  for  each  bitch;  and  the  sum  of  one  ($1) 
dollar  for  each  goat,  per  annum,  said  license  to  expire  on  the  first 
Monday  in  May  of  each  year. 

§ 134.  (2)  Penalty. — Any  person  hereby  required  who 

shall  fail  or  refuse  to  obtain  the  license  herein  provided,  or  who 
shall  in  any  other  manner  violate  any  of  the  provisions  of  this 
ordinance,  shall  be  fined  not  less  than  one  dollar,  nor  more  than 
three  dollars  and  costs  of  prosecution. 

§135.  (3)  License  collector  — duty. — It  shall  be  the 

duty  of  the  License  Collector  or  Inspector  to  collect  the  tax  as 
herein  required  from  the  owner  or  keeper  of  each  and  every  dog, 
bitch  or  goat  within  said  city,  who  shall  have  failed  to  pay  the 
same  to  the  City  Clerk  as  herein  prescribed,  and  on  the  first 
Monday  in  May  of  each  year  said  collector  shall  file  with  the  City 
Clerk  of  said  city  a full  list,  verified  by  his  affidavit,  of  all  the 
owners  or  keepers  of  dogs,  bitches  or  goats  in  said  city  from 
whom  he  shall  have  received  the  tax  as  herein  provided,  and  in 
case  of  his  failure  so  to  do,  shall,  upon  due  conviction  thereof  in 
the  police  court  of  said  city,  be  fined  not  less  than  five  dollars,  nor 
more  than  ten  dollars  and  costs  of  prosecution. 


222 


General  Ordinances. 


§§  :3^ — 140.  Licenses — Explosives. 


§ 136.  (4)  License  FEES — purpose. — The  license  fees  herein 
imposed,  levied  and  collected  shall  be  for  the  purpose  of  paying 
the  expenses  of  maintaining  the  city  government  of  Newport,  Ky., 
and  shall  be  set  apart  and  devoted  exclusively  to  paying  the  police 
force  of  said  city. 


An  Ordinance  providing  for  the  licensing  of  persons  or  companies  selling 
gunpowder,  dynamite  or  other  explosive  in  the  City  of  Newport,  Ky., 
and  regulating  the  same.  (Approved  June  11,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 137.  (1)  Explosives,  selling  of.— That  any  person  or 

corporation  shall  not  sell  gunpowder,  dynamite  and  other  explo- 
sives in  the  City  of  Newport  without  first  having  obtained  a license 
therefor. 

§138.  (2)  License  — amount  — date. — The  license  fee 

for  selling  gunpowder,  dynamite  or  other  explosive  shall  be  ten 
dollars  per  annum,  and  shall  be  paid  to  the  City  Treasurer,  and 
thereupon  the  City  Clerk  shall  issue  said  license,  which  shall  be 
from  May  1st  each  year,  provided,  hozvever,  that  any  person  com- 
mencing business  at  a later  time  in  the  year  shall  pay  a propor- 
tionate part  of  said  fee  for  the  unexpired  portion  of  the  year. 

§139.  (3)  Penalty. — Any  person  or  company  selling  or 

offering  for  sale  gunpowder,  dynamite  or  other  explosive  without 
first  having  obtained  a license  shall,  on  conviction  in  the  Police 
Court,  be  fined  not  less  than  five  dollars  nor  more  than  fifty  dollars, 
and  each  day’s  selling  or  offering  for  sale  shall  be  deemed  a sep- 
arate offense. 

§ 140.  (4)  Explosives,  how  kept. — Any  person  or  com- 

pany who  obtains  a license,  as  aforesaid,  to  sell  gunpowder,  dyna- 
mite or  other  explosive,  shall  keep  the  same  well  secured  in  proper 
vessels  and  cans,  with  sufficient  covers,  in  a fireproof  safe,  and 
shall  not  have  on  hand  at  any  one  time  more  than  ten  pounds  of 
gunpowder,  two  pounds  of  dynamite,  and  small  quantity  of  other 


General  Ordinances, 


223 


§§  141 — 145.  Licenses — Explosives. 


explosives,  and  shall  keep  the  same  within  ten  feet  of  the  door, 
over  which  the  sign  hereafter  provided  for  shall  be  placed. 

§ 141.  (5)  Explosives,  sign  exhibited. — Every  person 

licensed  to  sell  gunpowder,  dynamite  or  other  explosive  shall  have 
and  keep  a sign-board  placed  over  the  outside  of  the  door  or  prin- 
cipal entrance  from  the  street  of  the  building  in  which  powder  is 
left,  in  which  shall  be  printed  in  capital  letters,  “Licensed  to  sell 
gunpowder  and  dynamite.” 

§ 142.  (6)  Fees  — PURPOSE. — The  fee  for  the  license  herein 

provided  shall  be  a part  of  the  revenue  of  the  city,  and  shall  be  de- 
voted to  the  payment  of  the  Fire  Department  of  the  city. 


An  Ordinance  regulating  the  carrying  of  explosives  through  the  streets  of 
the  City  of  Newport,  and  providing  for  a license  therefor.  (Became  a 
law  by  passage  over  Mayor’s  veto  July  18,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§143.  (1)  Explosives  — transportation  oe.— Each  per- 

son carrying  or  transporting  gunpowder,  dynamite  or  other  ex- 
plosive through  the  streets  of  the  City  of  Newport,  shall  have  on 
the  vehicle  or  vehicles  used  in  carrying  or  transporting  same,  the 
words  in  capital  letters  of  not  less  than  three  inches  in  height, 
“Gunpowder,  dynamite — dangerous 

§144.  (2)  Unloading  Eorbidden  — exception. — No  rail- 

road car  containing  gunpowder,  dynamite  or  other  explosive,  shall 
be  unloaded  at  any  place  within  the  corporate  limits  of  the  City 
of  Newport,  except  at  or  near  the  east  end  of  the  C.  & O.  railroad 
freight  depot  at  the  head  of  Washington  avenue,  nor  shall  any 
car  be  allowed  to  remain  in  the  corporate  limits  of  said  city,  ex- 
cept in  daytime,  between  the  hours  of  9 a.  m.  and  4 p.  m.,  and  an 
attendant  shall  be  constantly  in  charge  of  any  car  within  the  city 
limits.  ( Section  as  amended  by  ordinance  of  August  9,  1895.) 

§145.  (3)  License  — amount  — date — That  no  person 


224 


General  Ordinances. 


§§  146 — 149.  Licenses — Fresh  Meat. 


shall  carry  or  transport  through  the  streets  of  the  City  of  Newport, 
gunpowder,  dynamite  or  other  explosive,  without  first  having  ob- 
tained a license  so  to  do,  and  the  license  therefore  shall  be  for  a 
year  from  the  first  day  of  May  each  year,  and  shall  be  the  sum 
of  twenty-five  dollars  per  year,  and  shall  be  issued  by  the  City 
Clerk  upon  payment  of  said  sum  to  the  City  Treasurer;  provided, 
that  any  person  commencing  said  business  after  the  first  day  of 
May  of  each  year,  shall  pay  a proportionate  part  of  said  sum  for 
the  balance  of  the  year. 

§ 146.  (4)  Penalty. — Any  person,  corporation  or  company 

violating  any  of  the  provisions  of  this  ordinance  shall,  on  con- 
viction, be  fined  in  any  sum  not  less  than  twenty-five  ($25)  dol- 
lars, nor  more  than  fifty  dollars  and  costs  of  prosecution. 

§ 147.  (5)  Exception. — Nothing  in  this  ordinance  shall  be 

so  construed  as  to  prevent  railway  companies  from  carrying  ex- 
plosives through  said  city  on  its  way  to  other  places,  but  same 
shall  not  be  kept  for  more  than  one-half  hour  in  its  transportation 
through  the  city,  and  same  shall  be  carefully  guarded  during  its 
passage  through  the  city. 

§148.  (6)  License  tees  — purpose. — The  license  fee 

herein  provided  for  shall  be  for  revenue  of  the  city,  and  shall  be 
devoted  to  assist  in  the  maintenance  of  the  Police  Department. 


An  Ordinance  providing  for  a license  for  selling  fresh  meat  by  retail.  The 
amount  and  penalty  for  selling  without  same.  (Approved  January  4, 
i895-) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 149.  (1)  Fresh  meat  — license  to  sell. — That  each 

and  every  person,  firm  or  corporation  doing  business  in  the  City 
of  Newport  as  dealers  by  retail  of  fresh  meat  at  any  place  what- 


General  Ordinances 


225 


§ 150 — 153.  Licenses — Fresh  Meat. 


ever,  other  than  at  the  market  house  of  said  city,  shall  first  obtain 
from  the  proper  authority  a license  therefor,  and  shall  pay  for  said 
license  the  sum  of  thirty  dollars  per  annum  for  each  place,  store 
or  shop. 

§ 150.  (2)  Not  transferable. — The  licenses  herein  pro- 

vided for  shall  in  no  event  be  transferable,  but  shall  alone  entitle 
the  p’erson  therein  named  to  carry  on  the  business  for  which 
issued.  And  said  licenses  shall  be  issued  by  the  City  Clerk  upon 
payment  to  the  City  Treasurer  of  the  sum  required  therefor. 

§ 1 51.  (3)  Penalty. — Any  person  or  persons  doing  busi- 

ness of  retailing  fresh  meat  without  having  obtained  the  license 
therefor,  or  who  shall  in  any  wise  violate  any  of  the  provisions  of 
this  ordinance,  shall,  upon  conviction  in  the  Police  Court,  be  fined 
in  any  sum  not  less  than  fifty  dollars,  nor  more  than  one  hundred 
dollars  and  costs  of  prosecution. 

§152.  (4)  License  fees  — purpose.  — The  fund  herein 

and  hereby  derived  shall  be  and  constitute  a part  of  the  revenue  of 
the  City  of  Newport,  and  shall  be  set  apart  to  and  constitute  a 
part  of  the  police  fund  of  said  city. 

§ 153.  (4  a)  Renewal  after  May  15  — penalty  added  — 

duty  of  clerk. — That  all  licenses  issued  under  said  ordinance 
shall  expire  May  1st  each  year,  and  any  renewal  of  a license  or 
licenses  thereunder  on  or  after  May  15th,  in  any  year,  shall  have 
added  thereto  by  the  City  Clerk,  and  he  is  hereby  authorized  so 
to  do,  a penalty  of  8 per  cent,  to  and  upon  the  amount  of  such 
tax  license  or  licenses,  and  said  8 per  cent,  penalty  shall  be  in 
addition  to  the  penalties,  as  set  forth  in  said  ordinance,  for  the 
non-payment  of  the  tax  license  or  licenses.  It  shall  be  the  duty 
of  the  City  Clerk  and  the  License  Inspector  to  strictly  enforce 
the  provisions  of  this  ordinance,  and  the  compensation  of  such 
License  Inspector,  when  entitled  to  same,  shall  be  paid  out  of  the 
penalties  added,  as  aforesaid ; otherwise  such  added  penalties, 
when  collected,  shall  be  appropriated,  together  with  the  license 
taxes,  to  the  police  fund  of  said  city.  ( Section  added  by  amend- 
ment by  ordinance  of  March  30,  1898.) 


(15N) 


226 


General  Ordinances. 


§§  154 — 155.  Licenses — Liquors. 


An  Ordinance  to  establish  and  regulate  the  rates  of  license  to  be  paid  by 
persons  for  selling  liquors,  whether  spirituous,  vinous  or  malt,  or  any 
form  thereof,  at  retail  in  the  City  of  Newport.  (Approved  February  28, 

1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§154.  (1)  Liquors  — license  — amount — terms.— That 

the  following  annual  specific  taxes  shall  be  paid  for  licenses  by 
persons  keeping  taverns,  hotels,  saloons  or  coffee-houses,  groceries 
or  other  places  wherein  spirituous,  vinous  or  malt  liquors,  or  any 
form  thereof,  are  sold  at  retail  in  the  City  of  Newport,  as  follows, 
to-wit : One  hundred  dollars  per  annum  for  retailing  said  liquors 
or  any  form  thereof  in  a tavern ; one  hundred  dollars  per  annum 
for  retailing  same  in  a hotel ; one  hundred  dollars  per  annum  for 
retailing  same  in  a saloon  or  coffee-house ; one  hundred  dollars 
per  annum  for  retailing  same  in  a grocery ; one  hundred  dollars 
for  retailing  same  in  any  other  place  not  herein  mentioned ; one 
hundred  dollars  per  annum  for  retailing  beer,  ale  or  porter  by  the 
quart  or  bottle  from  any  grocery  or  other  place.  Said  license  tax 
to  be  in  addition  to  any  specific  license  tax  for  the  carrying  on  of 
the  business  of  hotel  keeping,  tavern  keeping  or  grocery  keeping, 
or  any  other  business  carried  on  in  the  same  house  wherein  said 
liquor  or  any  form  thereof  may  be  retailed.  (Section  as  amended 
by  ordinance  of  March  17,  1896.) 

§155.  (2)  License  — time  — transfer.  — Each  license 

herein  provided  shall  be  issued  for  one  year  and  limited  to  the 
person  or  persons  therein  named,  and  to  the  house  or  other  estab- 
lishment for  which  the  same  was  granted,  and  shall  not  be  trans- 
ferable, and  shall  be  from  May  1st  each  year;  provided,  however, 
the  license  for  the  purpose  herein  named  may  be  granted  to  such 
persons  as  may  commence  business  at  any  time  after  the  first  day 
of  May  of  any  year,  the  time  appointed  for  the  regular  issuing  of 
the  aforesaid  licenses,  upon  the  payment  therefor  by  the  applicant 
of  the  proportionate  amount  of  the  specific  tax  for  the  fractional 
part  of  the  year  applied  for,  and  a compliance  in  all  other  respects 
with  the  provisions  of  this  ordinance.  [Provided  herein  that  said 


General  Ordinances. 


227 


§§  156,  157.  Licenses — Liquors. 


license  may  be  transferred  from  one  person  to  another  for  the 
same  place,  or  from  one  place  to  another  for  the  same  person,  but 
not  from  one  place  to  another  for  a different  person,  by  consent 
of  the  General  Council  upon  the  compliance  of  the  applicant  for 
said  transfer  with  the  same  requirements  provided  for  an  original 
applicant  and  the  payment  of  the  transfer  fee  of  five  ($5.00)  dol- 
lars.] (Words  in  brackets  added  by  amendment  by  ordinance  of 
August  28,  1905.) 

§156.  (3)  License  — application. — The  licenses  herein 
provided  for  shall  be  issued  by  the  City  Clerk  upon  the  compliance 
of  the  applicant  of  the  following  requirements:  the  applicant  shall 
present  to  the  General  Council  his,  her  or  their  petition  by  the 
first  regular  meeting  in  April  of  each  year  of  the  Board  first 
meeting  in  said  month,  for  said  license  signed  by  himself,  them- 
selves or  herself  with  his,  their  or  her  name  in  full,  stating  cor- 
rectly the  kind  of  business  to  be  done  under  and  by  virtue  of  the 
license  applied  for,  and  the  location  of  the  house,  by  street  and 
number,,  wherein  the  same  is  to  be  carried  on,  which  application 
must  be  signed  by  not  less  than  twelve  respectable  householders 
residing,  or  persons  doing  business  within  two  hundred  feet  of 
the  house  sought  to  be  licensed,  or  place  wherein  said  applicant 
seeks  to  carry  on  said  business  of  retailing  liquors,  giving  them 
residence  or  place  of  doing  business  by  street  and  number,  and  re- 
questing the  granting  of  said  license  and  expressing  their  belief 
that  the  applicant  therefor  is  a suitable  person  to  keep  such  house 
or  carry  on  said  business.  Whereupon  the  General  Council  shall, 
in  each  branch  thereof,  act  upon  the  said  application,  and  if 
favorably  acted  upon,  the  said  City  Clerk  shall  issue  said  license 
upon  payment  of  the  license  fee  to  the  City  Treasurer,  and  said 
Clerk  shall  report  to  each  branch  of  the  General  Council,  and  the 
petition  shall  remain  on  file  in  the  City  Clerk’s  office. 

§157.  (4)  License,  eorm  of  — Sunday. — The  said  license 
herein  provided  for  shall  express  upon  its  face  the  class  thereof, 
and  it  shall  at  all  times  be  exposed  to  view  in  some  public  place  ^ 
in  the  bar-room  of  the  house  for  which  same  is  granted,  and  that 
the  person  named  shall  in  all  other  respects  comply  with  the 


228 


General  Ordinances 


§§  158 — 161.  Licenses — Milk. 


laws  and  ordinances  of  the  city  in  relation  to  such  places : pro- 
vided, that  the  licenses  herein  provided  shall  not  authorize  any 
person  to  keep  open  his  or  her  or  their  house  on  Sunday  for  the 
purpose  of  selling  or  otherwise  dealing  in  any  spirituous,  vinous, 
malt  or  other  intoxicating  liquors ; nor  to  keep  open  for  said 
purpose  on  certain  days  of  unusual  excitement,  when  it  shall  be 
deemed  necessary  for  the  public  peace  and  welfare  of  the  city  to 
close  same,  and  to  that  end  the  Mayor  shall  issue  his  proclamation 
to  close  said  houses  and  prohibit  the  sale  of  liquors  in  them  on  such 
days ; nor  shall  said  licenses  be  so  construed  as  to  authorize  an)^ 
violation  of  the  laws  of  the  State. 

§ 1 58-  (5)  License  eees  — purpose. — The  license  fees 

imposed,  levied  and  collected  as  provided  herein  shall  be  for  the 
purpose  of  paying  the  expenses  of  maintaining  the  city  government 
of  the  City  of  Newport,  and  shall  be  devoted  to  paying  the  police 
force  of  said  city. 

. § 159.  (6)  Repealing  clause. — All  ordinances  in  conflict 

herewith  are  hereby  repealed. 


An  Ordinance  providing  for  a license  fee  to  be  paid  by  milk  venders  in  the 
City  of  Newport,  Ky.  (Approved  October  18,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§160.  (1)  Milk  venders  — license.  — That  each  and 

every  person,  corporation  or  company  engaged  in  the  business  of 
vending  milk  in  the  City  of  Newport,  shall  pay  an  annual  license 
fee  or  tax  of  the  sum  of  $10  when  carried  on  with  a wagon,  and 
$10  when  carried  on  in  a depot. 

§161.  (2)  Issue  — exhibition. — The  license  herein  pro- 

vided for  shall  be  issued  by  the  City  Clerk  upon  payment  to  the 
City  Treasurer  of  the  amount  necessary  therefor,  according  to 
and  as  set  forth  in  Section  1,  and  the  License  Inspectors,  Health 
Officer  and  police  of  the  city,  shall  at  all  times  be  empowered  and 


General  Ordinances. 


229 


§§  162 — 166.  Licenses — Milk. 


authorized  to  demand  the  production  of  same  from  the  holder 
thereof,  or  from  any  person,  corporation  or  company  that  should 
have  a license. 

§162.  (3)  Date.  — That  licenses  herein  provided  and 

authorized  shall  date  from  May  1st  each  year,  and  shall  be  for  one 
year;  provided,  persons  beginning  business  at  any  time  after  the 
first  of  May  shall  pay  for  a proportionate  part  of  the  license  for 
the  fractional  part  of  the  year  until  the  next  succeeding  May  1st, 
but  same  shall  not  be  less  than  one  ($1)  dollar. 

§ 163.  (4)  Non- assign  able. — No  license  shall  be  assign- 

able or  authorize  any  other  person,  corporation  or  company  than 
that  named  herein  to  do  business  thereunder. 

§ 164.  (5)  Penalty. — Any  person,  corporation  or  company 

who  shall  violate  the  provisions  of  this  ordinance  shall,  on  con- 
viction thereof  in  the  police  court,  be  fined  in  any  sum  not  less  than 
three  ($3)  dollars  nor  more  than  one  hundred  ($100)  dollars,  and 
costs  of  prosecution,  and  in  default  of  payment  thereof  shall  be 
confined  in  the  city  workhouse  or  jail,  and  work  out  the  same  at 
the  rate  of  fifty  cents  per  day ; or  said  license  fee  may  be  collected 
by  civil  suit  in  any  court  of  competent  jurisdiction. 

§ 165.  (6)  Purpose. — License  fees  herein  imposed,  levied 

and  collected,  shall  be  for  the  purpose  of  raising  revenue  for  the 
expenses  of  the  city  government  of  the  City  of  Newport,  Ky. 

§ 166.  (6  a)  Renewal  alter  May  15  — penalty  added  — 

duty  OE  clerk. — That  all  licenses  issued  under  said  ordinance 
shall  expire  May  1st  each  year,  and  any  renewal  of  a license  or 
licenses  thereunder  on  or  after  May  15th,  in  any  year,  shall  have 
added  thereto  by  the  City  Clerk,  and  he  is  hereby  authorized  so 
to  do,  a penalty  of  8 per  cent,  to  and  upon  the  amount  of  such 
tax  license  or  licenses,  and  said  8 per  cent,  penalty  shall  be  in 
addition  to  the  penalties,  as  set  forth  in  said  ordinance,  for  the 
non-payment  of  the  tax  license  or  licenses.  It  shall  be  the  duty 
of  the  City  Clerk  and  the  License  Inspector  to  strictly  enforce 
the  provisions  of  this  ordinance,  and  the  compensation  of  such 
License  Inspector,  when  entitled  to  same,  shall  be  paid  out  of  the 
penalties  added,  as  aforesaid ; otherwise  such  added  penalties, 


230 


General  Ordinances. 


§§  167 — 170.  Licenses — Privy  Cleaner. 


when  collected,  shall  be  appropriated,  together  with  the  license 
taxes,  to  the  police  fund  of  said  city.  ( Section  added  by  amend- 
ment by  ordinance  of  March  30,  1898.) 


An  Ordinance  requiring  persons  carrying  on  business  as  privy  vault  clean- 
ers in  the  City  of  Newport,  to  take  out  a tax  license  therefor,  and  pre- 
scribing a penalty  for  a failure  of  such  persons  so  to  do.  (Approved 
April  27,  1897.) 

Be  it  ordained  by  the  General  Counoil  of  the  City  of  Newport,  Ky. 

§167.  (1)  Vault  cleaners'  license  — amount.  — That 
any  person  who  shall  carry  on  business  as  privy  vault  cleaners  in 
the  City  of  Newport,  such  person  shall  pay  an  annual  license  fee 
in  the  sum  of  twenty-five  dollars. 

§ 168.  (2)  Issual. — The  license  herein  provided  for  shall 

be  issued  by  the  City  Clerk  upon  payment  to  the  City  Treasurer  of 
the  amount  necessary  therefor,  and  said  license  shall  not  be  assign- 
able or  authorize  any  other  person  than  that  named  therein  to  do 
business  thereunder. 

§ 169.  (3)  Date. — The  licenses  herein  provided  for  and 

authorized  shall  date  from  May  1st  each  year,  and  shall  be  for  one 
year ; provided , that  persons  beginning  business  at  any  time  after 
the  first  day  of  May,  shall  pay  for  a proportionate  part  of  the 
license  for  the  fractional  part  of  the  year  until  the  next  succeeding 
May  1st,  but  same  shall  not  be  less  than  three  dollars. 

§170.  (4)  Penalty  — revocation. — Any  person  who 

shall  violate  the  provisions  of  this  ordinance  shall,  on  conviction 
thereof  in  the  police  court,  be  fined  in  any  sum  not  less  than  three 
dollars  nor  more  than  one  hundred  dollars,  and  costs  of  prosecu- 
tion, and  in  default  of  payment  thereof  shall  be  confined  in  the 
city  workhouse  or  jail,  and  work  out  the  same  at  the  rate  of  fifty 
cents  per  day ; or  said  license  fee  may  be  collected  by  civil  suit  in 
any  court  of  competent  jurisdiction.  The  Mayor  of  the  city  is 


General  Ordinances. 


231 


§§  171 — 174.  Licenses — Vehicles. 


hereby  authorized  to  revoke  the  license  of  such  person  for  any 
violation  of  this  ordinance. 

§ 17 1.  (5)  Licensee. — Any  person  who  has  obtained  the 

license  herein  required  shall,  nevertheless,  be  subject  to  all  the 
requirements,  regulations  and  rules  governing  the  Board  of  Health 
and  Health  Officer  of  said  city. 

§ 172.  (6)  Purpose. — The  license  fees  herein  imposed, 

levied  and  collected  shall  be  for  the  purpose  of  raising  revenue 
for  the  expenses  of  the  city  government  of  Newport,  and  set  apart 
exclusively  for  the  police  fund  of  said  city  and  devoted  to  the  pay- 
ment of  its  police  force. 

§ 173.  (6  a)  Renewal  aeter  May  15 — -penalty  added  — 

duty  oe  cleric. — That  all  licenses  issued  under  said  ordinance 
shall  expire  May  1st  each  year,  and  any  renewal  of  a license  or 
licenses  thereunder  on  or  after  May  15th,  in  any  year,  shall  have 
added  thereto  by  the  City  Clerk,  and  he  is  hereby  authorized  so 
to  do,  a penalty  of  8 per  cent,  to  and  upon  the  amount  of  such 
tax  license  or  licenses,  and  said  8 per  cent,  penalty  shall  be  in 
addition  to  the  penalties,  as  set  forth  in  said  ordinance,  for  the 
non-payment  of  the  tax  license  or  licenses.  It  shall  be  the  duty 
of  the  City  Clerk  and  the  License  Inspector  to  strictly  enforce 
the  provisions  of  this  ordinance,  and  the  compensation  of  such 
License  Inspector,  when  entitled  to  same,  shall  be  paid  out  of  the 
penalties  added,  as  aforesaid ; otherwise  such  added  penalties, 
when  collected,  shall  be  appropriated,  together  with  the  license 
taxes,  to  the  police  fund  of  said  city.  ( Section  added  by  amend- 
ment by  ordinance  of  March  30,  1898.) 


An  Ordinance  providing  for  the  classification  and  licensing  of  vehicles  kept 
or  used  for  hire  in  the  City  of  Newport,  Ky.,  and  prescribing  a penalty 
for  a failure  to  pay  said  license.  (Approved  July  20,  1896.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky , 

§ 174.  (1)  Vehicles  used  eor  hire  — license  — classi- 

fication.— That  every  person,  company  or  corporation  keeping 


232 


General  Ordinances. 


§§  I75 — 177-  Licenses — Vehicles. 


or  using  a vehicle  in 'the  City  of  Newport  for  hire,  be  and  are 
hereby  required  to  obtain  a license  from  the  City  Clerk  and  pay 
respectively  therefor,  each  and  every  year,  the  amounts  as  follows, 


to-wit : 

For  each  buggy  or  sulky  drawn  by  one  horse $3.00 

For  each  cab  or  hack  drawn  by  one  horse.  . . 3.00 

For  each  one-horse  carriage.  3.00 

For  each  two-horse  carriage 5.00 

For  each  one-horse  cart 3.00 

For  each  one-horse  dray,  truck  or  express.  5.00 

For  each  baggage  wagon 10.00 

For  each  two-horse  omnibus 10.00 

For  each  four-horse  omnibus 15.00 

For  each  six-horse  omnibus 20.00 

For  each  vehicle  not  mentioned,  drawn  by  one  horse. . 5.00 

For  each  vehicle  not  mentioned,  drawn  by  two  horses.  10.00 
For  each  vehicle  not  mentioned,  drawn  by  three  horses.  15.00 
For  each  vehicle  not  mentioned,  drawn  by  four  horses.  20.00 
For  each  vehicle  not  mentioned,  drawn  by  five  horses.  . 25.00 
For  each  vehicle  not  mentioned,  drawn  by  six  horses.  . 30.00 


§ 175.  (2)  Date. — The  license  herein  provided  for  shall  be 

issued  on  the  first  Monday  in  August  of  each  year,  except  where 
said  person,  company  or  corporation  shall  commence  business  after 
the  first  Monday  in  August  of  any  year,  when  a license  shall  be 
issued  until  the  first  Monday  in  August  next  ensuing,  upon  pay- 
ment thereof  of  a proportional  amount  of  the  annual  tax  herein 
provided. 

§ 176.  (3)  Exception. — The  provisions  of  this  ordinance 

shall  apply  to  all  vehicles  kept  or  used  for  hire  by  persons  residing 
within  or  without  the  corporate  limits  of  the  City  of  Newport, 
making  general  use  of  the  streets  of  said  city,  except  express 
wagons  or  furniture  cars  under  license. 

§ 177.  (4)  Penalty. — Any  person,  company  or  corpora- 

tion hereby  required  who  shall  fail  or  refuse  to  obtain  the  pre- 
scribed license,  or  who  shall  in  any  manner  violate  any  of  the 
provisions  of  this  ordinance,  shall  be  subject  to  a fine  of  not  less 
than  five  dollars  nor  more  than  thirty  dollars,  and  costs  of  prose- 
cution. 


General  Ordinances. 


233 


§§  178 — 184.  Markets. 


§ 178.  (5)  Issual. — Said  license  shall  be  issued  by  the  City 
Clerk  upon  production  of  a receipt  from  the  Treasurer  that  the 
applicant  has  paid  into  the  treasury  of  the  city  the  sum  required 
to  be  paid  for  said  license. 

§179.  (6)  License  plate  — exhibition. — Any  person, 

company  or  corporation  obtaining  a license  under  this  ordinance 
shall  obtain  from  the  City  Clerk  one  plate  designating  the  kind 
of  vehicle  licensed,  which  plate  shall  be  placed  in  a conspicuous 
place  on  the  side  of  the  vehicle  licensed,  excepting  buggies,  sulkies, 
cabs,  hacks  or  carriages,  and  the  like. 

§ 180.  (7)  Police  officers'  duty. — It  shall  be  the  duty  of 
the  police  and  other  officers  of  the  city  clothed  with  police  powers 
to  enforce  the  provisions  of  this  ordinance. 

§ 181.  (8)  Purpose. — The  license  fees  hereby  levied  and 

collected  shall  be  for  the  purpose  of  paying  the  expense  of  main- 
taining the  city  government,  and  shall  be  set  apart  to  the  police 
fund  of  said  city,  and  devoted  exclusively  to  the  payment  of  its 
police  force. 


MARKETS  AND  MARKETMASTER. 

An  Ordinance  regulating  markets  in  the  City  of  Newport,  Ky.  (Approved 
September  6,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 182.  (1)  Market  days. — That  the  regular  market  days 

in  said  city  shall  be  on  each  day  of  the  week  except  Sunday. 

§ 183.  (2)  Stalls  — stands  — sale  of. — Meat  stalls  and 

vegetable  stands  shall  be  disposed  of  in  the  following  manner : 
The  first  choice  to  the  highest  bidder  after  five  days’  notice  of  sale, 
and  each  succeeding  choice  disposed  of  in  like  manner. 

§ 184.  (3  Purchaser  of  stalls — rights. — Each  purchaser 
of  a choice  of  one  or  more  stalls  or  stands,  shall  be  entitled  to 
the  use  of  the  stalls  or  the  stands  he  or  they  may  select  so  long  as 


234 


General  Ordinances. 


§ 185 — 189.  Markets. 


they  comply  with  the  ordinances  regulating  said  markets,  subject 
to  whatever  rent  per  annum  the  General  Council  may  impose. 

§ 185.  (4)  Stalls  — transfer. — It.  shall  be  unlawful  for 

any  person  or  persons  that  have  selected  stalls,  or  may  hereafter 
select  stalls  or  stands,  to  transfer  their  privileges  to  other  persons 
without  the  consent  of  the  Marketmaster. 

§186.  (5)  Stalls  — forfeiture. — That  from  and  after 

the  time  of  holding  markets,  any  butcher  that  shall  fail  for  four 
successive  market  days  to  supply  his  stall  or  stalls  with  plenty  of 
good  and  wholesome  fresh  meat,  then  his  or  her  right  to  said  stail 
or  stalls  may  be  considered  and  taken  as  forfeited,  and  may  be 
let  to  the  highest  bidder. 

§ 187.  (6)  False  weights — penalty. — That  if  any  person 
should  offer  for  sale  at  the  aforesaid  markets  of  the  City  of  New- 
port, or  sell  or  offer  for  sale  any  provisions  of  any  kind  at  a less 
weight  or  measure  than  as  by  the  standard  weights  as  established 
by  the  city,  shall  be  fined  four  dollars  for  every  offense,  to  be  re- 
covered.in  the  police  court  of  said  city. 

§ 188.  (7)  Standard  weights  to  be  kept. — That  there 

shall  be  kept  and  procured  a pair  of  scales  and  the  weights  thereto, 
which  are  known  and  proved  to  be  correct  by  the  standard  weights 
of  this  State,  also  one  set  of  measures,  to-wit : 1 bushel,  ^4  bushel, 
1 peck,  ^4  peck,  small  measure,  and  one  quart  measure  tried  and 
tested  as  aforesaid,  which  said  weights  and  measures  shall  be  the 
standard  for  all  articles  that  may  be  sold  or  offered  for  sale  in 
said  markets. 

§ 189.  (8)  Cleansing — penalty. — It  shall  be  the  duty  of 

each  butcher  or  other  person  using  a meat  stall  or  stalls,  or  vege- 
table stand  in  said  market  house  to  wash  or  otherwise  properly 
cleanse  the  benches  or  blocks  attached  to  his  or  her  said  stall  or 
side  bench  on  every  market  day,  on  which  they  may  use  the  same, 
by  12  o’clock  of  the  same  day  except  Saturday,  upon  which  day 
they  shall  be  cleaned  by  1 1 o’clock  p.  m.  Any  person  neglecting 
to  comply  with  this  section  shall  be  fined  in  any  sum  not  exceeding 
$3  and  costs,  upon  conviction  in  the  police  court. 


General  Ordinances. 


235 


§§  190 — 194.  Markets. 


§ 190.  (9)  Rents  paid  before  sales. — It  shall  be  unlawful 

for  any  person  to  sell  at  retail  any  fresh  meat  in  said  markets, 
unless  he,  she  or  they  shall  have  actually  rented  and  paid  rent  for 
a stand  or  stalls  in  said  market  house ; nor  shall  any  butcher  use 
or  occupy  any  vegetable  stand  to  lay  or  cut  up  meat  upon ; under  a 
penalty  of  $5  and  costs,  recoverable  as  in  Section  8,  provided  that 
nothing  in  this  section  shall  prohibit  the  sale  of  meat  by  the 
quarter,  or  fowls,  squirrels,  rabbits,  and  other  game  of  like 
manner. 

§ 191.  (10)  Slaughtering  prohibited. — That  is  shall  not 

be  lawful  for  any  person  or  persons  to  slaughter,  kill  or  dress  any 
animal  within  the  said  market  house,  or  lay  any  garbage,  offal, 
filth,  or  rubbish  in  or  about  any  part  of  the  same ; any  person  so 
offending  shall,  upon  conviction  in  the  police  court,  be  fined  in 
any  sum  not  exceeding  $5  and  cost. 

§192.  (11)  Forestalling  — penalty. — That  any  person 

who  shall  buy  or  cause  to  be  bought  any  article  of  provision  what- 
ever, corn,  hay  or  oafs  or  anything  else  designed  for  or  actually 
going  to  the  market  before  the  same  shall  arrive  in  the  markets 
within  the  corporation,  or  after  the  arrival  and  before  the  opening 
of  said  market,  shall  upon  conviction  be  fined  in  any  sum  not  ex- 
ceeding $10,  in  the  police  court. 

§ 193.  (12)  Closing  hours. — That  the  hour  for  closing 

said  markets  is  hereby  fixed  at  12  o’clock  each  day  except  Satur- 
day, when  same  shall  be  closed  at  10  p.  m.  Any  person  occupying 
a stall  or  stand  after  said  hours,  shall  upon  conviction  pay  a fine 
not  exceeding  $3  and  costs. 

§ 194.  (13)  Marketmaster  — duty. — That  it  shall  be  the 

duty  of  the  Marketmaster  and  he  is  hereby  empowered  to  rent 
the  stalls  and  vegetable  stands  agreeable  to  Section  2 of  this  ordi- 
nance, which  may  be  for  rent.  When  this  ordinance  takes  effect, 
it  shall  further  be  the  duty  of  the  Marketmaster  to  cause  the  market 
house  in  the  city  to  be  kept  clean,  and  if  any  repairs  are  neces- 
sary to  report  the  same  immediately  to  the  General  Council,  and 
cause  wagons,  teams,  carts  and  other  vehicles  to  be  placed  in  the 
market  place,  so  as  to  suit  the  convenience  of  the  buyers  and 


236 


General  Ordinances. 


§§  :95 — J99-  Markets. 


sellers ; to  take  charge  of  and  safely  keep  the  weights  and  meas- 
ures belonging  to  said  markets,  and  neither  to  use  or  suffer  the 
same  to  be  used  except  when  testing  weights  and  measures ; to 
preserve  order  in  the  market  and  to  prevent  and  remove  ail 
nuisances  found  in  said  market  house  or  places.  It  shall  be  his 
duty  to  attend  to  the  weighing  or  measuring  of  all  suspected 
weights  and  measures  and  see  that  correct  weights  and  measures 
are  used  in  said  markets. 

§ 195.  (14)  Outside  stands. — That  the  stalls  and  stands 

in  and  around  the  market  house  at  the  corner  of  Columbia  street, 
shall  remain  and  be  as  heretofore  established  and  as  according 
to  the  plat  on  file  in  City  Clerk’s  office. 

§ 196.  (15)  Outside  stands  — rules. — That  the  stalls  and 
stands  for  fruit  and  vegetables  around  the  market  house,  shall  be 
governed  by  the  ordinance  on  markets  and  controlled  by  the  Mar- 
ketmaster  as  the  stalls  within  the  market  house. 

§197.  (16)  Rents  — rates. — That  the  price  shall  be  fixed 

in  February  each  year  on  each  of  said  stalls  and  stands  by  the 
Marketmaster  and  Committees  on  Markets  of  the  General  Council, 
according  to  the  respective  minimum  value  of  each  as  the  rent  for 
one  year,  and  the  Marketmaster  shall  thereafter  on  March  1st 
each  year  proceed  to  receive  bids  for  same,  as  provided  in  Sec- 
tion 2,  at  public  auction,  and  he  shall  let  same  to  the  person  offer- 
ing the  highest  premium  and  report  the'  bids  and  prices  to  the 
General  Council. 

§198.  (17)  Marketmaster  — powers. — That  said  Mar- 

ketmaster be  and  is  hereby  vested  with  authority  over  and  made 
responsible  for  the  police  and  sanitary  condition  of  said  market 
house,  and  have  full  control  over  and  management  of  all  stands, 
wagons,  teams  and  all  other  vehicles  attending  and  occupying  the 
streets  and  places  around  said  market  house,  and  to  carry  out  that 
purpose  he  shall  be  vested  with  police  power. 

§199.  (18)  Marketmaster- — powers.  — The  Market- 

master  shall  promptly  arrest  and  prefer  charges  and  take  necessary 
steps  against  any  person  found  vending  or  offering  for  sale  any 
meats,  fruits,  vegetables,  or  other  articles  of  provision  in  a putrid, 


General  Ordinances. 


237 


§ 200 — 203.  Marketmaster. 


damaged,  spoiled  or  decomposed  condition,  or  who  shall  sell  or 
offer  for  sale  any  meats  or  articles  of  provision  of  any  kind,  or  buy 
from  any  scales,  weights  or  measures  not  duly  tested  and  proven 
correct  by  the  standard  weights  and  measures  adopted  and  estab- 
lished by  the  State  and  the  General  Council  of  Newport.  He  shall 
also  report  all  persons  resorting  to  or  using  any  device  for  im- 
position or  fraud  in  the  sale  of  any  article  offered  by  them  for 
sale,  or  who  shall  directly  or  indirectly  offer  for  sale  any  articles 
as  aforesaid  deficient  in  the  weight  or  measure  it  proposes  to  be. 

§200.  (19)  Marketmaster  — inspect  weights,  etc. — 

The  Marketmaster  shall  inspect  all  weights  and  measures,  and 
shall  be  the  custodian  of  the  standard  weights  and  measures,  the 
property  of  the  city,  for  the  safety  and  condition  of  which  he  is 
and  shall  be  held  strictly  responsible. 

§201.  (20)  Marketmaster  — accounts. — The  Market- 
master  shall  keep  an  account  of  all  business  transacted  by  him  re- 
lating to  the  market  and  render  a full  written  report  to  the  General 
Council  once  in  every  three  months  and  at  such  other  times  as  he 
may  be  required  by  said  General  Council,  and  all  moneys  coming 
into  his  hands  as  a receiving  officer  of  the  city  shall  be  promptlv 
and  faithfully  delivered  over  to  the  person  authorized  to  receive 
the  same  once  in  each  month. 

§202.  (21)  Rents  — when  paid  — marketmaster  re 

sponsible. — The  rent  of  all  stalls  and  stands  shall  be  paid  monthly 
in  advance,  and  the  Marketmaster  shall  be  held  responsible  for 
the  collection  of  same. 


An  Ordinance  creating  the  office  of  Marketmaster  for  the  City  of  New- 
port, Ky.,  prescribing  the  duties  of  said  office,  fixing  the  compensation 
thereof,  and  the  form  of  bond  which  he  shall  be  required  to  give. 
(Approved  March  16,  1896.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky , 

§ 203.  ( 1 ) Marketmaster  — term  — election.  — That 

the  office  of  Marketmaster  for  the  City  of  Newport,  Ky.,  be,  and 


238 


General  Ordinances. 


§ 204 — 206.  Marketmaster. 


the  same  is  hereby  created,  whose  term  of  office  shall  be  for  one 
year,  commencing  on  the  first  Monday  in  January,  and  shall  be 
elected  by  the  General  Council  in  joint  session,  and  be  subject  to 
removal  at  any  time  by  said  Council. 

§ 204.  (2)  Duties. — That  it  shall  be  the  duty  of  the  Mar- 

ketmaster to  adjust,  regulate,  arrange  and  rent  all  the  stalls  and 
stands  in  and  about  the  market  house  and  space,  by  and  under  such 
rules  as  may  from  time  to  time  be  adopted  by  the  General  Council. 

§ 205.  (3)  Duties. — That  said  Marketmaster  be,  and  he  is 

hereby  vested  with  authority,  and  made  responsible  for  the  police 
and  sanitary  condition  of  said  market  house,  etc.  He  shall  keep 
and  cause  to  be  kept,  in  a neat,  clean  and  orderly  condition,  said 
market  house  and  space,  and  to  this  end  shall  have  full  control  over 
and  management  of  all  stands,  wagons,  teams,  and  all  other 
vehicles  attending  and  occupying  the  streets  and  spaces  around 
said  market  house.  He  shall  preserve  order  and  enforce  the  rules 
governing  said  markets.  He  shall  prevent  and  remove  all  ob- 
structions, accumulations  of  debris  and  other  nuisances  in  and 
from  said  market  house  and  streets  and  spaces  around  the  same. 
He  shall  exercise  and  maintain  a vigilant  and  prudential  regard 
for  the  good  order  of  said  market  house  and  for  the  protection  of 
persons  and  property ; and  he  shall,  as  far  as  possible,  prevent  any 
violations  of  the  ordinances  regulating  the  markets,  and  he  shall 
deliver  into  custody  of  the  police  all  offenders  thereof,  vagrants, 
disorderly  persons,  thieves,  and  persons  loitering  in  and  around 
said  market  house. 

§ 206.  (4)  Duties.  — Said  Marketmaster  shall,  during 

market  hours,  make  frequent  visits  to  each  and  every  stall  and 
stand  in  said  market  and  shall  closely  observe  all  articles  vended 
or  offered  for  sale  therein,  and  shall  promptly  report  to  the  proper 
authorities  the  names  and  requisite  information  of  any  and  all 
persons  whom  he  shall  find  vending,  selling  or  offering  for  sale 
any  meats,  fruits,  vegetables  or  other  articles  of  provisions  in  a 
putrid,  damaged,  spoiled  or  decomposed  condition,  or  who  shall 
sell,  vend  or  offer  for  sale  any  meats  or  articles  of  provisions  of 


General  Ordinances.- 


239 


§§  207 — 209.  Marketmaster. 


any  kind  by  or  from  any  scales,  weights  and  measures  not  duly 
tested  and  proven  correct  by  the  standard  weights  and  measures 
adopted  and  established  by  the  State  and  the  General  Council  of 
Newport.  He  shall  also  report  all  persons  found  resorting  to  or 
using  any  device  for  imposition  or  fraud  in  the  sale  of  any  articles 
offered  by  them  for  sale,  or  who  shall  directly  or  indirectly  sell  or 
offer  for  sale  any  article  as  aforesaid  deficient  in  the  weight  or 
measure  it  purports  to  be. 

§207.  (5)  Custodian  of  weights  and  measures. — That 

said  Marketmaster  shall  be  the  custodian  of  the  standard  weights 
and  measures,  the  property  of  the  city,  for  the  safety  and  condition 
of  which  he  is  and  shall  be  held  strictly  responsible.  It  shall  be 
his  duty,  and  he  is  hereby  authorized  to  inspect  and  seal  once  in 
every  year  all  weights  and  measures,  scales,  beams  and  other  in- 
struments used  in  the  weighing  or  measuring  of  any  and  all 
articles  of  whatever  kind  or  class  sold  within  the  city  limits,  and 
he  shall  in  addition  to  the  said  annual  inspection,  upon  information 
of  false  weights  and  measures  being  used  by  any  person  or  persons, 
or  the  opening  of  a place  of  business  where  the  weights  and 
measures  have  not  been  by  him  inspected,  proceed  at  once  to  cor- 
rect, inspect  and  verify  the  same ; and  it  shall  be  his  duty  to 
promptly  report  all  persons  refusing  to  exhibit  his,  her  or  their 
weights,  measures,  scales,  beams  or  other  instruments  used  by 
them  in  weighing  or  measuring  any  articles  offered  by  them  for 
sale  who  shall  be  proceeded  against  according  to  law. 

§ 208.  (6)  Accounts. — He  shall  keep  an  account  of  all 

business  transacted  by  him  under  the  provisions  of  this  or  any 
other  ordinance  relating  to  the  duties  of  his  said  office,  shall  render 
a full  written  report  thereof  to  the  General  Council  once  in  every 
three  months,  and  at  such  other  times  as  by  the  said  Council  may 
be  required,  and  all  moneys  coming  into  his  hands  as  a receiving 
officer  of  the  city,  shall  be  by  him  promptly  and  faithfully  delivered 
over  to  the  person  or  persons  authorized  to  receive  the  same,  in 
accordance  with  the  laws  and  ordinances  made  and  provided. 

§ 209.  (7)  Payment  by,  of  fees,  etc. — Said  Market- 

master,  before  he  shall  be  entitled  to  or  receive  his  salary  as  here  • 


240 


General  Ordinances. 


§§210 — 213.  Marketmaster — Fees. 


inafter  provided,  shall  on  the  first  Monday  of  each  and  every 
month  pay  over  into  the  city  treasury  all  fees,  revenue,  costs, 
commissions  and  other  money  collected  by  said  officer  during  the 
preceding  month,  taking  his  receipt  therefor,  and  also  make  on 
oath  an  itemized  report  to  the  General  Council  of  all  said  fees,  etc., 
by  him  so  collected. 

§ 210.  (8)  Oath. — That  he  shall,  before  entering  upon  the 

duties  of  his  office,  take  the  oath  of  office  as  required  by  law,  and 
shall  further  execute  bond  to  said  city  with  good  security  to  be 
approved  by  the  General  Council,  conditioned  to  well  and  truly 
receive,  collect  and  pay  over  all  rents,  fees,  tolls,  money  or  other 
property  coming  into  his  hands  as  said  officer  and  to  which  the 
city  may  be  entitled,  and  for  the  faithful  performance  of  all  duties 
relating  to  his  office.  Said  bond  shall  be  in  amount  one  thousand 
dollars.  , 

§ 21 1.  (9)  Salary. — That  he  shall  receive  as  compensation 

for  his  services  the  sum  of  seven  hundred  and  twenty  dollars 
per  annum,  to  be  paid  in  installments  of  sixty  dollars  each  month 
during  his  term  of  office. 

§ 212.  (10)  Weigh  or  measure,  when  required,  wheat, 

LTC. — That  said  Marketmaster  shall,  when  required,  according  to 
the  standard  of  weights  and  measures  as  aforesaid,  weigh  or  meas- 
ure wheat,  corn,  oats,  rye  and  other  products,  wood,  coal,  lime,  hay 
and  other  articles  that  may  be  sold  or  offered  for  sale  in  the  city, 
and  he  shall  officially  certify  the  quantity  of  all  articles  weighed 
or  measured  by  him. 


An  Ordinance  prescribing  the  amount  and  the  disposition  to  be  made  of  the 
fees  collected  by  the  Marketmaster  of  the  City  of  Newport,  and  also  a 
penalty  for  failure  to  pay  same.  (Approved  September  9,  1896.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§213.  (1)  Marketmaster  — fees  — amount  — disposi- 

tion of. — That  the  Marketmaster  of  the  City  of  Newport,  Ky., 


General  Ordinances. 


241 


§§  214,  215.  Marketmaster — Fees. 


be,  and  is  hereby  authorized  to  charge  and  collect  for  services 
rendered  by  him  as  such,  the  following  stated  fees : For  inspecting 
and  sealing  platform  scales  of  two  thousand  pounds  and  upwards, 
one  (1)  dollar  each;  for  same  of  less  capacity,  fifty  (50)  cents 
each ; inspecting  beams  of  one  thousand  pounds  and  upwards,  fifty 
(50)  cents  each ; for  the  same  of  less  size  and  capacity,  twenty^five 
(25)  cents  each ; inspecting  weights  of  five  pounds  and  upwards, 
ten  ( 10)  cents  each ; inspecting  counter-balances  and  scales  with 
weights  thereof,  from  one-fourth  ounce  to  five  (5)  pounds,  each 
set,  twenty-five  (25)  cents;  inspecting  dry  measures  from  one  (1) 
bushel  downward,  ten  (10)  cents  each;  and  for  inspecting  liquids,’ 
etc.,  measures  from  from  a gallon  upwards,  ten  (10)  cents  each; 
and  for  the  same  of  less  capacity,  five  (5)  cents  each  ; and  for  each 
and  every  yard  measure,  ten  ( 10)  cents  each ; for  weighing  or 
measuring  wheat,  corn,  oats,  rye  and  other  products,  wood,  coal, 
lime,  hay  and  other  articles  that  may  be  sold  or  offered  for  sale 
in  said  city,  one  (1)  dollar  per  car-load,  and  twenty-five  (25) 
pents  per  wagon-load.  The  above  rates  to  be  the  established  prices, 
and  where  the  weights  and  measures  do  not  come  within  the 
limits  they  shall  be  paid  for  in  proportion  to  the  foregoing  scale, 
and  said  fees  shall  be  paid  by  the  owner  of  the  weights,  measures, 
scales,  beams,  etc.,  to  said  Marketmaster  on  his  furnishing  to 
them  a duly  certified  inspection  of  their  said  weights  and  measures. 

§214.  (2)  Fees  — PURPOSE.  — The  fees  herein  imposed 

shall  be  for  the  purpose  of  raising  revenue  for  the  expenses  of  the 
government  of  said  City  of  Newport,  and  when  collected  shall  be 
exclusively  devoted  to  the  interest  fund  of  same. 

§ 21 5*  (3)  Penalty. — That  any  person  or  persons  failing 

or  refusing  to  pay  the  fees  as  herein  authorized,  are  hereby  pro- 
hibited from  using  their  said  weights,  measures,  scales,  beams,  etc., 
until  same  are  paid  thereon.  Upon  due  conviction  in  the  police 
court  of  said  city  for  a violation  of  any  of  the  provisions  of  this 
ordinance,  a fine  shall  be  imposed  of  not  more  than  ten  dollars  and 
costs  of  prosecution. 


( 16N) 


242 


General  Ordinances. 


§ 216 — 218.  Offenses — Animals  at  Large. 


OFFENSES  AND  PUNISHMENTS. 

An  Ordinance  to  prohibit  the  running  at  large  of  vicious  animals. 
(Approved  March  5,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§216.  (1)  Vicious  animals  running  at  large  — pen- 

alty.— That  it  shall  not  be  lawful  for  the  owner  or  keeper  of  anv 
vicious  or  dangerous  dog,  or  any  other  vicious  or  dangerous  ani- 
mal, to  allow  it  to  go  at  large  in  the  City  of  Newport.  And  any 
person  violating  this  ordinance,  shall  upon  conviction  be  fined  in 
any  sum  not  less  than  one  dollar,  nor  more  than  ten  dollars  and 
costs  of  prosectuion. 


An  Ordinance  relating  to  dogs  and  goats  in  the  City  of  Newport,  Ky. 

(Approved  December  26,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of,  Newport,  Ky. 

§217.  (1)  Dogs  and  goats  running  at  large,  to  be 

killed. — That  all  dogs  and  goats  found  running  at  large  in  the 
City  of  Newport,  Ky.,  for  whom  owners  can  not  be  found,  shall 
upon  the  order  of  the  Mayor  or  Chief  of  Police  of  said  city  be  at 
once  killed  by  the  License  Inspector  or  a police  officer. 

§ 218.  (2)  Mayor  may  order  dogs  muzzled  — penalty. — 

That  the  Mayor  be  and  he  is  hereby  authorized  and  empowered 
from  time  to  time  as  he  shall  deem  necessary  or  proper  by  procla- 
mation, to  order  all  dogs  to  be  muzzled ; and  any  dog  found  run- 
ning at  large  in  the  city  without  a muzzle,  within  the  time  they 
are  prohibited  by  such  proclamation,  shall  be  killed  bv  any  police 
officer,  and  the  owner  of  any  dog  so  found  running  at  large  in  the 
city  without  a muzzle,  and  within  the  time  prescribed,  shall  be  fined 


General  Ordinances, 


243 


§§  219 — 221.  Offenses — Animals  at  Large. 


upon  conviction  in  any  sum  not  less  than  one  dollar,  nor  more 
than  ten  dollars  and  costs. 

§ 219.  (3)  Vicious  dogs — unlawful  to  allow  at  large — 
penalty. — That  it  shall  be  unlawful  for  the  owner  or  keeper  of 
any  vicious  or  dangerous  dog  to  allow  it  to  go  at  large  in  the  city, 
and  the  owner  or  keeper  of  said  dog  shall  be  fined  in  any  sum 
not  less  than  one  dollar,  nor  more  than  ten  dollars  and  costs,  and 
as  a part  of  the  judgment,  the  judge  of  the  police  court  shall  order 
said  vicious  or  dangerous  dog  killed. 


An  Ordinance  to  prohibit  the  running  at  large  of  horses,  cows,  hogs,  and 
other  cattle  and  stock  in  the  City  of  Newport,  and  prescribing  penalties 
therefor.  (Approved  December  26,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§220.  (1)  Stock  running  at  large  — penalty.  — That 

it  shall  be  unlawful  for  any  person  being  the  owner  or  custodian 
thereof  to  permit  any  horse,  cow,  hog  or  other  cattle  or  stock  to 
run  at  large  in  the  City  of  Newport,  and  any  person  so  offending 
shall  be  fined  in  any  sum  not  exceeding  ten  dollars  and  costs. 

§221.  (2)  Stock  running  at  large  — impounding. — 

That  if  no  owner  or  custodian  of  any  horse,  cow,  hog  or  other 
cattle  or  stock  found  running  at  large  in  the  City  of  Newport,  can 
be  found,  the  Chief  of  Police  shall  impound  same  for  a space  of 
ten  days,  and  shall  then  after  five  days’  advertisement  in  the  official 
newspaper  of  the  city,  sell  same  to  the  highest  bidder,  and  with 
the  proceeds  he  shall  pay  the  costs  of  the  keep  and  all  expenses  of 
same,  and  the  balance  of  said  money,  if  any,  shall  be  paid  into  the 
police  fund  of  the  city. 


244 


General  Ordinances. 


§§  222 — 225.  Offenses — Ball-playing,  Bicycles. 


An  Ordinance  making  it  unlawful  for  any  person  to  play  ball,  or  to  throw 
a ball  or  any  other  hard  substance,  in  the  streets  and  alleys  within  the 
corporate  limits  of  the  City  of  Newport,  Ky.  (Approved  July  28,  1905.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky . 

§ 222.  (1)  Bale- playing,  etc.,  in  street  — unlaweul. — 
That  it  shall  be  unlawful  for  any  person  to  play  base-ball,  or  to 
throw  a ball  or  any  other  hard  substance,  in  any  of  the  streets  and 
alleys  within  the  corporate  limits  of  the  City  of  Newport,  Ky. 

§ 223.  (2)  Penalty. — That  any  person  violating  the  pro- 

visions of  this  ordinance  shall,  upon  conviction  in  the  police  court, 
be  fined  not  less  than  one  dollar  ($1.00)  nor  more  than  five  dol- 
lars ($5.00),  in  the  discretion  of  the  court. 


An  Ordinance  pertaining  to  the  use  of  bicycles  in  the  City  of  Newport,  Ky. 

(Approved  June  29,  1894.) 

Be  it  ordadned  by  the  General  Council  of  the  City  of  Newport , Ky. 

§ 224.  ( 1)  Bicycles  — riding  on  sidewalks  — signal 

lights. — That  it  shall  be  unlawful  for  any  person  to  ride  a bicycle 
upon  the  sidewalks  of  the  City  of  Newport ; and  no  person  shall 
use  or  ride  - a bicycle  after  night  in  said  city  without  having 
attached  thereto  a lighted  lamp  or  signal  light. 

§ 225.  (2)  Penalty. — Any  person  violating  any  of  the  pro- 
visions of  this  ordinance,  shall  upon  conviction  be  fined  in  any 
sum  not  less  than  one  dollar  nor  more  than  ten  dollars  for  each 
offense. 


General  Ordinances. 


245 


§§  226 — 228.  Offenses — Begging — Disorder-. 


An  Ordinance  prohibiting  and  fixing  punishment  for  parents,  guardians  or 
custodians,  allowing  infants  under  sixteen  years  to  beg  in  the  City  of 
Newport,  Ky.  (Approved  January  9,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§226.  (1)  Permitting  child  to  beg  — penalty. — That  it 
shall  be  unlawful  for  any  person  being  the  parent,  guardian  or 
custodian  of  a child  under  sixteen  years  of  age  to,  for  gain  or 
reward,  procure  or  consent  for  said  child  to  beg  or  receive  alms, 
and  any  person  so  offending  shall,,  for  the  first  offense,  be  fined 
not  more  than  twenty  dollars,  or  confined  in  the  workhouse  or 
jail  not  more  than  ninety  days,  or  both  so  fined  and  confined,  in 
the  discretion  of  the  court,  and  costs. 


An  Ordinance  to  secure  peace,  good  order  and  protection  to  the  people  of 
the  City  of  Newport,  Ky.,  and  prescribing  punishment  for  violation  of 
same.  (Approved  October  16,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 227.  ( 1 ) Breach  oe  peace  — riot  — rout  — unlawful 
assembly  — penalty. — That  if  any  person  or  persons  shall  in  the 
City  of  Newport  be  guilty  of  a breach  of  the  peace,  riot,  rout,  un- 
lawful assembly  or  affray,  the  person  so  offending  and  each  of 
them,  shall  be  fined  not  less  than  one  cent  nor  more  than  one 
hundred  dollars,  or  imprisonment  not  less  than  five  nor  more  than 
fifty  days,  or  both  so  fined  and  imprisoned. 

§228.  (2)  Disorderly  conduct  — penalty. — That  if  any 

person  or  persons  shall  in  the  City  of  Newport  be  guilty  of  dis- 
orderly or  improper  conduct,  the  person  so  offending  and  each 
of  them  shall  be  fined  not  less  than  one  cent  nor  more  than  one 


246 


General  Ordinances. 


§§  229 — 233.  Offenses — Disorder. 


hundred  dollars,  or  imprisonment  not  less  than  five  nor  more  than 
fifty  days,  or  both  so  fined  and  imprisoned. 

§229.  (3)  Abusive  language — penalty. — Whoever  shall 

in  the  presence  of  another  person  or  persons,  in  the  City  of  New- 
port, use  any  abusive  or  insulting  language,  intending  thereby  to 
insult  such  other  person  or  persons,  or  with  the  intention  to  pro- 
voke an  assault,  shall  be  deemed  guilty  of  a misdemeanor,  and 
upon  conviction  thereof,  be  fined  not  exceeding  twenty  dollars.  If 
the  offender  be  a male,  and  the  person  so  injured  be  a female,  the 
offender  shall  be  fined  in  any  sum  not  exceeding  fifty  dollars. 

§230.  (4)  House  oe  ill-eame — disorderly  house  — 

penalty. — Whoever  shall  occupy  or  keep  within  the  City  of  New- 
port a house  of  ill-fame,  or  any  house  in  which  disorderly,  riotous, 
illegal  or  improper  conduct  is  permitted  or  carried  on,  shall  upon 
conviction  be  fined  in  any  sum  not  exceeding  fifty  dollars. 

§231.  (5)  PrOEANE  SWEARING — DRUNKENNESS — PENALTY. 

Whoever  shall  in  the  City  of  Newport  profanely  curse  or  swear, 
or  shall  be  drunk,  shall  be  fined  one  dollar  for  each  offense ; and 
every  oath  shall  be  deemed  a separate  offense. 

§ 232.  (6)  Exposing  person  by  bathing  or  otherwise  — 
penalty. — That  it  shall  be  unlawful  for  any  person  within  the 
city  either  by  bathing  in  the  river  or  otherwise  to  indecently  and 
obscenely  expose  their  person,  or  use  any  obscene  or  foul  language 
upon  the  public  streets  or  in  public  places,  and  upon  conviction  the 
person  thus  offending  shall  be  fined  in  any  sum  not  exceeding 
fifty  dollars. 

§ 232  a.  (7)  Wantonly  throwing  dangerous  sub- 
stances — penalty. — That  it  shall  be  unlawful  for  any  person 
to  wantonly  or  carelessly  throw  any  stone,  brick  or  other  hard  or 
dangerous  substance  within  the  city,  and  upon  conviction  thereof 
the  person  thus  offending,  shall  be  fined  by  the  Police  Judge  in  any 
sum  not  exceeding  fifteen  dollars. 

§ 233.  (8)  Repealing  clause. — All  ordinances  in  conflict 

herewith  are  herby  repealed. 


General  Ordinances. 


247 


§§  234 — 236.  Offenses — Entering  Cars,  Ladder  Wagons. 


An  Ordinance  to  prevent  persons  not  employees  or  passengers  from  enter- 
ing upon  steam,  electric  or  street  cars  in  the  City  of  Newport,  Ky. 
(Approved  March  16,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 234.  (1)  Entering  steam  or  other  cars. — That  it  shall 
be  unlawful  for  any  person  who  is  not  an  employee  or  passenger 
to  enter  upon  any  steam,  electric  or  street-car  within  the  City  of 
Newport,  whether  the  car  shall  be  still  or  in  motion  at  the  time  of 
said  entry ; provided,  this  shall  not  apply  to  persons  having  busi- 
ness in  connection  with  the  owners  or  in  relation  to  the  cars  at 
the  time. 

§235.  (2)  Penalty. — Any  person  violating  the  first  sec- 

tion of  this  ordinance  shall,  upon  conviction  in  the  police  court, 
be  fined  in  any  sum  not  less  than  fifteen  ($15)  dollars  and  the 
costs  of  prosecution. 


An  Ordinance  to  prohibit  persons  not  officers  of  the  Fire  Department,  or 
authorized  by  said  officers,  from  riding  on  the  ladder  wagons,  hose-reels 
or  vehicles  of  the  Fire  Department  while  going  to  and  from  fires,  or 
being  used  in  the  department,  and  prescribing  a penalty.  (Approved 
March  16,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky 

§236.  (1)  Fire  department  wagons,  riding  on  — pen- 

alty.— That  no  person,  except  a member  of  the  fire  department  of 
the  City  of  Newport,  or  person  thereby  authorized,  shall  be  allowed 
to  ride  on  the  ladder  wagons,  hose-reels  or  vehicles  of  the  fire  de- 
partment while  going  to  and  from  fires,  or  answering  alarms  or 
being  used  in  the  department ; and  any  person  so  riding  on  same 
shall  be  guilty  of  a misdemeanor,  and  upon  conviction  in  the  police 
court  shall  be  fined  in  any  sum  not  exceeding  ten  ($10)  dollars 
and  costs  of  prosecution. 


248 


General  Ordinances. 


§§  23 7 — 239.  Offenses — Lewd  Posters — Midnight  Closing. 


An  Ordinance  to  prohibit  the  posting  or  exhibiting  of  lewd  or  indecent 
posters  or  cuts.  (Approved  January  9,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§237.  (1)  Lewd  posters  prohibited. — That  it  shall  be 

unlawful  for  any  person  or  persons,  firm  or  corporation  to  paste, 
nail,  tack,  or  in  any  manner  hang,  fasten  or  expose  upon  any  wall, 
fence,  post  or  any  other  place,  or  expose  in  any  window  on  the 
public  streets  any  bill,  poster  or  cut,  exhibiting  or  representing  any 
nude,  lewd  or  indecent  character  or  person. 

§ 238.  (2)  Penalty.— Any  person  violating  this  ordinance 

shall  be  guilty  of  a misdemeanor,  and  upon  conviction  shall  be 
fined  in  any  sum  not  less  than  five  nor  more  than  twenty-five  dol- 
lars and  costs  of  prosecution,  and  each  bill,  poster  or  cut  shall  con- 
stitute a separate  offense. 


An  Ordinance  requiring  the  closing  of  bar  rooms  and  other  places  where 
liquors  are  sold  between  midnight  and  5 a.  m.  ( Approved  February  13, 
i895-) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Nezvport,  Ky. 

§239.  (1)  Bar-room,  closing  oe. — That  it  shall  be  un- 
lawful for  any  saloonkeeper  or  other  dealer  or  vender  of  liquors, 
either  spirituous,  vinous  or  malt  or  any  other  form  thereof, 
between  the  hours  of  12  o’clock  at  night  or  midnight  and  5 o’clock 
in  the  morning  thereafter,  to  have  open  a bar-room  or  other  place 
for  the  sale,  giving  or  otherwise  disposing  of  such  liquors ; or  to 
suffer  or  permit  any  persons  to  enter  or  remain  in  said  bar-room 
or  place,  except  the  keeper  thereof ; and  the  person  so  offending 
shall,  upon  conviction  in  the  police  court,  be  fined  in  any  sum  not 
less  than  five  dollars  nor  more  than  fifteen  dollars  for  each  offense, 
with  costs  of  prosecution. 


General  Ordinances. 


249 


§§  240 — 242.  Offenses — Liquor  Selling — Loitering. 


§ 240.  (2)  Exception. — -This  ordinance  shall  not  apply  to 

persons  licensed  by  the  City  Clerk,  on  the  payment  of  five  dollars, 
with  the  approval  of  the  Mayor  of  the  city,  to  have  an  evening 
party  or  other  entertainment  for  a single  occasion. 


An  Ordinance  fixing  the  penalty  for  selling  liquors,  (spirituous,  vinous  or 
malt,)  to  be  drunk  on  the  premises,  in  the  City  of  Newport,  Ky.,  without 
a city  license  therefor.  (Approved  April  19,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§241.  (1)  Liquor  selling  without  license  — penalty. 

— Any  person  who  shall,  without  a license  from  the  City  of  New- 
port so  to  do,  sell  or  otherwise  dispose  of  any  spirituous,  vinous 
or  malt  liquors  to  be  drunk  on  the  premises  within  the  City  of 
Newport,  shall  for  each  offense  be  fined,  upon  conviction  of  same 
in  the  police  court  of  said  city,  not  less  than  twenty  nor  more  than 
one  hundred  dollars  and  cost  of  prosecution,  and  in  default  of  pay- 
ment of  fine  and  costs  the  person  so  convicted  shall  be  committed 
to  the  city  workhouse  and  work  said  fine  and  costs  out  at  the  rate 
of  fifty  cents  per  day. 


An  Ordinance  to  punish  loitering  in  the  City  of  Newport,  Ky.  (Approved 
January  9,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky, 

§ 242.  (1)  Loitering  — penalty. — That  it  shall  be  unlaw- 

ful for  any  person  not  having  a legitimate  business  or  visible 
means  of  support  to,  in  an  idle,  dissolute,  disreputable  or  loafing 
way,  to  loiter  around  the  streets  or  within  the  limits  of  the  City 
of  Newport,  and  any  person  so  offending  shall  be,  on  conviction 
thereof,  fined  in  any  sum  not  exceeding  fifteen  dollars  and  costs. 
( See  Section  258.) 


250 


General  Ordinances. 


§§  243 — 247.  Offenses — Nuisances. 


An  Ordinance  to  prohibit  the  creation  of  nuisances  in  the  City  of  New- 
port, Ky.  (Approved  November  9,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky, 

§ 243.  (1)  Nuisances  on  private  property. — That  it  shall 

be  unlawful  for  any  person  or  persons  to  create,  cause  to  exist, 
or  suffer  to  remain  on  any  premises  over  which  he  or  they  have 
control  as  owner,  agent  or  otherwise,  any  nuisance,  or  any  kind 
of  matter  or  thing  injurious  to  the  health  of  those  residing  on  the 
premises  or  in  the  neighborhood  thereof,  or  to  cause,  suffer  or 
permit  on  any  premises  any  matter  causing  a stench  or  odor 
noxious  and  offensive  to  those  in  the  neighborhood  or  passers-by 
upon  the  public  streets. 

§ 244.  (2)  Stable,  etc.,  not  to  become  offensive. — That 

it  shall  be  unlawful  for  the  owner  or  occupant  of  any  premises  to 
suffer  or  permit  any  stable  thereon,  yard  attached  thereto,  privy 
attached  thereto,  outhouse  or  other  establishment  attached  thereto, 
to  become  offensive  to  the  neighborhood  or  a nuisance. 

§ 245.  (3)  Penalty. — Any  person  violating  the  provisions 

of  this  ordinance  shall,  upon  conviction  in  the  police  court,  be  fined 
in  any  sum  not  exceeding  fifteen  dollars  and  costs. 


An  Ordinance  prohibiting  the  creation  of  nuisances  by  depositing  refuse 
material  in  the  streets,  alleys  and  public  ways  and  sewer  catch  basins. 
(Approved  October  16,  1894) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky, 

§ 246.  (1)  Refuse  material. — That  it  shall  be  unlawful 

for  any  person  to  cause  to  exist,  place,  deposit  or  suffer  to  remain 
upon  the  streets,  alleys  or  public  ways  or  in  the  sewer  catch  basins 
any  refuse  matter  or  material. 

§ 247.  (2)  Ashes,  etc. — That  it  shall  be  unlawful  for  any 

person  or  persons  to  throw  or  place,  or  suffer  to  drain  upon  any 
street,  alley  or  other  public  place,  or  in  the  sewer  catch  basins,  any 


General  Ordinances. 


251 


§§248 — 251.  Offenses — Nuisances. 


ashes,  rubbish,  slops,  garbage,  offal,  animal  or  vegetable  matter  or 
other  refuse  material. 

§ 248.  (3)  Dead  animals. — That  it  shall  be  unlawful  for 

any  person  to  permit  the  carcass  of  any  dead  animal,  he  having 
been  the  owner  of  same  when  alive,  to  remain  upon  any  street, 
alley,  sidewalk,  market  place  or  public  way  of  the  city  for  a 
longer  period  than  ten  hours,  without  having  notified  the  garbage 
collector  or  police  authorities. 

§ 249.  (4)  Penalty. — Any  person  or  persons  violating  the 

provisions  of  this  ordinance  shall,  upon  conviction,  be  fined  in  any 
sum  not  exceeding  fifteen  dollars  and  costs. 


An  Ordinance  to  prohibit  obstructing  sidewalks.  (Approved  March  5,  1895.) 
Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky , 

§ 250.  ( 1 ) Sidewalks  — obstructing  — penalty.—  That 

if  any  person  or  persons  shall  be  hereafter  guilty  of  obstructing 
any  sidewalk  of  any  street  or  alley  in  said  city  by  sitting  or  stand- 
ing in  such  numbers  or  in  such  positions  as  to  interrupt  or  hinder 
persons  from  freely  passing  and  going  to  and  fro  on  same,  or  shall 
in  any  manner  by  placing  on  said  sidewalks  any  vehicle  or  horse 
or  other  obstruction  which  shall  interrupt  or  hinder  persons  from 
freely  passing  on  same,  shall  be  fined,  upon  conviction  in  the 
police  court,  in  any  sum  not  exceeding  five  dollars  and  costs  of 
prosecution.  (See  Section  254.) 


An  Ordinance  declaring  it  to  be  unlawful  for  any  person  to  spit  upon  the 
floor  of  any  street  or  traction  car  or  any  of  the  sidewalks  within  the 
corporate  limits  of  the  City  of  Newport,  Ky.  (Approved  July  3,  1905.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky 

§251.  (1)  Spitting  on  street,  etc. — unlawful. — That 

it  shall  be  unlawful  for  any  person  to  spit  or  expectorate  upon  the 


252 


General  Ordinances. 


§§  252 — 255.  Offenses — Property  Protected. 


floor  of  any  street  or  traction  car,  operating  in  the  City  of  New- 
port, or  on  any  of  the  sidewalks  within  the  corporate  limits  of 
the  City  of  Newport,  Ky. ; said  spitting  or  expectorating  by  any 
person  as  aforesaid  is  hereby  declared  to  be  a nuisance,  unlawful, 
obnoxious  and  injurious  to  the  public  health,  and  a stench  in  the 
nostrils  of  the  people,  also  spoiling  the  garments  of  the  women. 

§ 252.  (2)  Penalty. — Any  person  violating  any  of  the  pro- 

visions of  this  ordinance  shall  be  punished,  upon  conviction  before 
the  police  court,  by  a fine  in  any  sum  not  less  than  one  dollar  ($1) 
nor  more  than  five  dollars  ($5),  in  the  discretion  of  the  court. 


An  Ordinance  to  protect  public  and  private  property  in  the  City  of  New- 
port, Ky.  (Approved  October  4,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§ 253.  ( 1 ) Curbing,  etc. — to  protect  — penalty. — That 

it  shall  be  unlawful  for  any  person  to  wantonly,  carelessly  or 
maliciously  drive  over,  trespass  upon,  or  in  any  way  injure  or 
damage  any  curbing,  pavement  or  sidewalk  in  the  streets  of  the 
City  of  Newport,  and  upon  conviction  thereof  said  person  shall 
be  fined  by  the  Police  Judge  in  any  sum  not  more  than  fifteen 
dollars  and  costs. 

§ 254.  (2)  Public  ways — obstructing — penalty. — That 

it  shall  be  unlawful  for  any  person  to  wantonly  or  carelessly 
encumber  or  obstruct  any  of  the  public  ways  of  the  city  with  carts, 
wagons,  lumber,  stone  or  other  articles,  or  in  any  manner  damage 
the  public  ways,  and  upon  conviction  thereof  said  persons  shall  be 
fined  by  the  Police  Judge  in  any  sum  not  more  than  fifteen  dollars 
and  costs ; provided,  that  this  section  shall  not  apply  to  the  use  of 
the  streets  for  building  purposes,  when  a proper  permit  has  been 
obtained  therefor.  (See  Section  250. ) 

§ 255.  (3)  Public  property  — mutilating  — penalty. — 

That  it  shall  be  unlawful  for  any  person  to  wantonly,  maliciously 
or  carelessly  mutilate,  mark,  tear  down,  trespass  upon,  or  in  any 
way  damage  the  public  buildings,  wharves,  parks,  grass,  trees, 


General  Ordinances. 


253 


§§  256 — 258.  Offenses — Property  Protected. 


sewers,  catch  basins  or  other  property  of  the  city,  or  the  private 
property  of  any  person  or  corporation  within  the  city,  and  upon 
conviction  thereof  the  person  so  offending  shall  be  fined  by  the 
Police  Judge  in  any  sum  not  exceeding  fifteen  dollars  and  costs. 
(Section  as  amended  by  ordinance  of  June  2,  1896.) 

§256.  (4)  Improved  streets  — obstructing  — penalty. 

— That  it  shall  be  unlawful  for  any  owner  or  occupant  of  prop- 
erty on  improved  streets  in  the  city  to  suffer  or  permit  the  side- 
walks, gutters,  or  streets  in  front  of  or  abutting  thereon,  for  at 
least  six  feet  from  the  curbstone,  to  become  blocked  or  obstructed 
by  weeds,  grass,  dirt,  or  any  other  thing,  or  by  any  filthy  or 
obnoxious  substances,  and  any  person  so  offending  shall,  upon 
conviction,  be  fined  by  the  Police  Judge  in  any  sum  not  exceeding 
fifteen  dollars. 

§ 257.  (5)  Poles,  etc. — erected  without  authority  — 

penalty. — All  ordinances  in  conflict  herewith  are  hereby  repealed. 
[That  it  shall  be  unlawful  for  any  firm,  corporation  or  person  to 
wantonly,  maliciously  or  carelessly  erect  any  pole  or  poles,  or 
string  any  wire  or  wires,  in,  over,  under  or  above  any  of  the  public 
streets,  alleys,  ways  and  places  of  and  in  the  City  of  Newport,  Ky., 
without  the  right  and  authority  of  the  General  Council  of  the  City 
of  Newport  being  first  obtained,  and  upon  conviction  thereof  such 
person,  firm  or  corporation  shall  be  fined  by  the  Police  Judge  in 
any  sum  not  in  excess  of  fifteen  dollars.]  (Words  in  brackets 
added  by  amendment  by  ordinance  of  July  3,  1903.) 


An  Ordinance  to  protect  the  public  buildings  and  grounds  in  the  City  of 
Newport,  Ky.  (Approved  April  9,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§ 258.  ( 1 ) Public  buildings  — loitering  about. — That  it 
shall  be  unlawful  for  any  person  or  persons  to  congregate  or  loiter 
around  on  or  in  any  of  the  public  buildings  or  grounds  of  the  City 
of  Newport,  or  to  tramp  upon  or  tread  upon  the  grass  plots  con- 


254 


General  Ordinances. 


§§  259 — 26 1.  Offenses — Property  Protected — Sign  Boards. 


nected  with  any  of  the  public  buildings  in  said  city ; or  in  any 
manner  injure  or  deface,  soil  or  dirty  any  of  the  public  buildings 
of  said  city.  (See  Section  242.) 

§ 259.  (2)  Penalty. — Any  person  or  persons  violating  any 

of  the  provisions  of  Section  1 of  this  ordinance  shall  be  fined 
in  any  sum  not  exceeding  fifteen  ($15)  dollars  and  costs  of 
prosecution. 


An  Ordinance  to  protect  the  public  landing  of  the  City  of  Newport,  Ky. 

(Approved  March  5,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§260.  (1)  Public  landing  — obstructing  — penalty. — 

That  no  person  shall  be  permitted  to  encumber  or  obstruct  any 
part  of  the  public  landing,  esplanade  or  common  of  the  City  of 
Newport,  situated  between  the  east  line  of  Monmouth  street  and 
the  west  line  of  Central  avenue,  and  between  First  street  and  the 
Ohio  river,  and  the  landing  at  the  foot  of  Washington  avenue, 
with  lumber,  stone,  brick,  carts,  drays,  wagons,  wood  or  other 
articles  for  a longer  time  than  five  days ; and  any  person  so  offend- 
ing shall,  upon  conviction  in  the  police  court,  be  fined  in  any  sum 
not  exceeding  ten  dollars  and  costs  for  each  and  every  day  the 
said  landing,  esplanade  or  common  shall  be  so  encumbered  and 
obstructed. 


An  Ordinance  regulating  sign-boards  and  business  signs.  (Approved 
November  10,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§261.  (1)  Sign-boards  — how  placed. — That  it  shall  be 

unlawful  to  have  suspended  from  any  building,  or  extended  from 
any  building  or  property,  a sign-board  or  business  sign  at  a less 
altitude  than  eight  feet  from  the  sidewalk  and  three  feet  from 
the  property  line. 


General  Ordinances 


255 


§§  262 — 265.  Resisting  Officers — Second-hand  Dealers. 


§ 262.  (2)  Penalty. — Any  person  violating  the  provisions 

of  this  ordinance  shall,  on  conviction,  be  fined  in  any  sum  not  less 
than  three  dollars  nor  more  than  ten  dollars. 


An  Ordinance  to  protect  officers  in  the  discharge  of  their  duties.  (Approved 
March  5,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§263.  (1)  Officers  — resisting  — penalty. — That  any 

person  who  shall  willfully  resist  or  obstruct  any  police  or  other 
peace  officer  in  the  City  of  Newport  in  the  discharge  of  his  duties 
shall,  on  conviction  in  the  police  court,  be  fined  in  any  sum  not 
less  than  ten  dollars,  nor  more  than  thirty  dollars  and  costs  of 
prosecution. 


An  Ordinance  to  require  all  dealers  in  rags,  junk,  old  iron  and  other  metals, 
and  second-hand  wares  and  merchandise,  to  report  daily  to  the  Chief  of 
Police  a list  of  all  articles  bought  by  them  and  the  names  of  the  persons 
from  whom  bought.  (Approved  January  9,  1895  ) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§264.  (1)  Second-hand  dealers  — reports. — That  all 

persons  dealing  in  rags,  junk,  old  iron  and  other  metals,  and 
second-hand  wares  and  merchandise,  are  hereby  required  to  report 
to  the  Chief  of  Police  daily  a list  of  all  articles  bought  by  them 
and  the  names  of  the  persons  from  whom  bought. 

§ 265.  (2)  Penalty. — Any  person  failing  to  make  the 

report  required  in  Section  1 of  this  ordinance  shall  be  deemed 
guilty  of  a misdemeanor,  and  upon  conviction  shall  be  fined  in 
any  sum  not  less  than  five  dollars  nor  more  than  fifteen  dollars 
and  costs  of  prosecution. 


256 


General  Ordinances. 


§§  266 — 269.  Offenses — Shade  Trees — Shooting. 


An  Ordinance  to  protect  shade  trees  and  boxes  around  same  in  the  City  of 
Newport,  Ky.,  and  prescribing  a punishment  for  injuring  or  destroying 
same.  (Approved  June  4,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§266.  (1)  Shade  trees  — injury  oe  — penalty! — That 

it  shall  be  unlawful  to  injure  or  mutilate  shade  trees  or  boxes 
around  the  same  in  the  City  of  Newport ; and  whoever,  not  being 
the  owner  thereof  or  having  authority  therefrom,  that  shall  injure, 
mutilate  or  destroy  any  shade  tree  or  box  around  same  in  said  city 
shall  be  guilty  of  a misdemeanor,  and  upon  conviction  shall  be 
fined  not  less  than  three  dollars  nor  more  than  fifteen  dollars. 


An  Ordinance  to  prohibit  the  use  of  catapults,  rubber  slings,  flobert  rifles, 
bird-shooters  and  other  dangerous  projectiles.  (Approved  March  16, 

1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky . 

§267.*  (1)  Catapults,  etc. — shooting. — That  it  shall  be 
unlawful  for  any  person  to  shoot  out  of,  or  throw  from,  a catapult 
or  rubber  sling-shot,  stones  or  any  other  substances,  or  to  shoot 
any  flobert  rifle,  bird-shooter,  or  any  other  dangerous  implement, 
projectile  or  toy,  or  to  have  any  of  said  catapults,  rubber  slings, 
flobert  rifles,  bird-shooters  or  dangerous  toys  within  the  limits  of 
the  City  of  Newport. 

§ 268.  (2)  Evidence. — The  possession  of  any  of  the  said 

rubber  slings,  catapults,  flobert  rifles,  bird-shooters  or  dangerous 
toys  shall  be  prima  facie  proof  of  the  intent  to  use  same  in  violation 
of  this  ordinance. 

§ 269.  (3)  Penalty. — Any  person  convicted  of  violating 

this  ordinance  shall  be  fined  in  any  sum  not  less  than  two  ($2) 
dollars  nor  more  than  ten  ($10)  dollars  and  costs  of  prosecution. 


General  Ordinances. 


257 


§§  270 — 272.  Offenses — Shooting — Speed  Limits. 


An  Ordinance  to  prohibit  the  discharge  of  firearms  and  fireworks  in  the 
City  of  Newport,  Ky.  (Approved  March  16,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 270.  ( 1 ) Firearms  — shooting  — penalty. — That  any 

person  or  persons  burning  or  shooting  fire-crackers  or  shooting- 
crackers,  cannon-crackers,  dynamite  or  nitro-glycerine  crackers  or 
explosives,  or  any  person  or  persons  sporting  with  or  firing  guns, 
pistols,  cannons,  squibs,  or  any  description  whatever  of  guns,  fire- 
arms or  fireworks  in  said  city,  shall,  upon  conviction  of  same,  be 
fined  in  any  sum  not  exceeding  five  dollars  and  costs  of  prosecution 
in  the  police  court  of  said  city. 

§271.  (2)  Infant,  offending. — If  the  person  so  offend- 

ing shall  be  of  very  young  and  tender  years,  he  shall  be  repri- 
manded, and  if  again  convicted,  the  parent,  guardian  or  custodian 
of  said  infant  shall  be  required  to  pay  the  fine  and  costs,  and  in 
default  of  payment  the  infant  so  offending  shall  be  committed  to 
jail,  as  provided  for  other  offenders. 


An  Ordinance  regulating  the  speed  of  automobiles  propelled  by  steam, 
electricity  or  other  means,  within  the  corporate  limits  of  the  City  of 
Newport,  Ky.  (Approved  March  21,  1904.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§272.  (1)  Automobiles  — speed — gongs. — That  all  auto- 

mobiles, operated  and  propelled  by  steam,  electricity  or  other 
means,  by  any  person,  corporation  or  company,  within  the  cor- 
porate limits  of  the  City  of  Newport,  shall  so  run  or  be  pro- 
pelled at  a rate  of  speed  not  to  exceed  eight  miles  per  hour ; but 
said  automobiles  shall  slacken  their  speed  upon  approaching  any 
and  all  street  crossings,  and  all  said  automobiles  shall  be  equipped 
with  gongs  or  horns,  and  same  shall  be  sounded  to  give  timely 
warning  to  pedestrians  and  all  others  who  may  be  upon  the  street 
or  approaching  aforesaid  crossings. 


(17N) 


258 


General  Ordinances. 


§§  273 — 27^.  Offenses — Speed  Limits. 


§ 273.  (2)  Penalty. — Any  person,  corporation  or  com- 

pany, or  employee  thereof,  violating  the  provisions  of  Section  1, 
shall  be  fined  by  the  city  police  court  in  the  sum  of  not  less  than 
twenty  nor  more  than  fifty  dollars  for  each  violation  of  this  ordi- 
nance. Any  ordinance  or  part  of  ordinance  in  conflict  herewith 
is  hereby  repealed. 


An  Ordinance  regulating  the  rate  of  speed  of  street  cars,  propelled  by- 
steam,  electricity  or  other  means,  within  the  corporate  limits  of  the  City 
of  Newport,  Ky.  (Approved  March  21,  1904.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§274.  (1)  Steam  cars,  etc. — speed  — gongs. — That  all 

street  cars,  operated  and  propelled  by  steam,  electricity  or  other 
means  within  the  corporate  limits  of  the  City  of  Newport,  shall 
so  run  or  be  propelled  at  a rate  of  speed  not  to  exceed  twelve 
* miles  per  hour ; but  said  cars  shall  slacken  their  speed  upon 
approaching  any  and  all  street  crossings,  and  all  said  cars  shall  be 
equipped  with  gongs,  and  same  shall  be  sounded  to  give  timely 
warning  to  pedestrians  and  all  others  who  may  be  upon  the  street 
or  approaching  aforesaid  crossings. 

§ 275.  (2)  Penalty. — Any  person,  corporation  or  com- 

pany, or  employee  thereof,  violating  the  provisions  of  Section  1 
shall  be  fined  by  the  city  police  court  in  the  sum  of  not  less  than 
twenty  nor  more  than  fifty  dollars  for  each  violation  of  this  ordi- 
nance. Any  ordinance  or  part  of  ordinance  in  conflict  herewith 
is  hereby  repealed. 


An  Ordinance  to  prohibit  fast  driving.  (Approved  March  5,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 276.  ( 1)  Driving  — speed  — penalty. — That  no  person 

or  persons  shall  be  allowed  to  drive  or  ride  any  horse  or  horses, 
mule  or  mules,  or  any  other  animal,  through  or  along  any  street, 


General  Ordinances. 


259 


§§  277 — 279.  Offenses — Storage — Punishments. 


alley  or  common  in  the  City  of  Newport  at  a rate  to  exceed  six 
miles  per  hour,  and  any  one  so  offending  shall  upon  conviction 
in  the  police  court,  be  fined  in  any  sum  not  less  than  two  nor  more 
than  ten  dollars  and  costs  of  prosecution  for  each  and  every 
offense. 


An  Ordinance  to  regulate  the  storage  of  refined  coal  oil,  gasoline  and  ben- 
zine within  the  corporate  limits  of  the  City  of  Newport,  Ky.  (Approved 
May  1 7,  1898.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky, 

§ 277.  ( 1 ) Coal  oil,  etc. — storage  oe. — That  it  shall  be 

unlawful  for  any  person  or  persons  to  have,  keep  for  sale,  or  store 
in  any  place  or  building  within  the  corporate  limits  of  the  City  of 
Newport,  any  refined  coal  oil,  gasoline  or  benzine  exceeding  two 
barrels,  or  ninety-six  (96)  gallons,  except  same  shall  be  stored  in 
a properly  ventilated  building,  which  shall  be  detached  at  least 
thirty  (30)  feet  from  any  other  building,  and  the  outer  walls  of 
said  building  shall  be  of  stone,  brick  and  mortar  or  iron,  and  so 
constructed  as  to  prevent  the  overflow  of  its  contents  beyond  the 
premises  where  it  may  be  stored.  Said  oil  not  to  be  stored  above 
the  first  floor  of  any  such  building,  and  no  fire,  heat  or  light  shall 
be  permitted  upon  such  premises. 

§ 278.  (2)  Penalty. — Any  person  violating  any  of  the  pro- 

visions of  this  ordinance  shall,  on  conviction  in  the  city  police 
court,  be  fined  twenty-five  dollars  for  each  offense,  and  ten  dollars 
for  each  day’s  continuance  of  same,  and  costs  of  prosecution. 


An  Ordinance  concerning  costs  in  the  police  court  of  the  City  of  New- 
port, Ky.  (Approved  February  11,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 279.  (1)  Costs  in  police  court. — That  the  Judge  of  the 

police  court  of  the  City  of  Newport  shall  assess  as  costs  in  each 


26  o 


General  Ordinances. 


§§280 — 281.  Offenses — Punishments. 


case  the  same  amounts  for  the  same  services  as  are  allowed  for 
the  officers  and  magistrates  by  general  laws  of  the  State,  not  in 
the  aggregate,  however,  exceeding  the  sum  of  three  ($3)  dollars 
in  each  case,  and  said  costs  shall  be,  if  not  paid,  worked  out  in  the 
city  jail  or  workhouse,  the  same  as  if  they  were  part  of  the  fine. 


An  Ordinance  concerning  fines  in  the  City  of  Newport,  Ky.  (Approved 
February  7,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 280.  (1)  Fines  in  police  court. — That  in  default  of  the 

payment  of  fines  imposed  in  the  police  court,  the  person  against 
whom  fines  are  imposed  shall  be  incarcerated  in  the  city  jail  or 
workhouse,  and  be  required  to  work  said  fine  out  at  the  rate  of 
fifty  cents  per  day,  and  costs  imposed  in  each  case  shall  be  and 
constitute  a part  of  the  fine,  and  in  default  of  payment  of  same 
shall  be  so  worked  out  at  the  rate  of  fifty  cents  per  day. 


An  Ordinance  concerning  punishments  in  the  City  of  Newport,  Ky. 

(Approved  March  5,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§281.  (1)  Punishments  in  police  court. — That  it  shall 

be  lawful  for  the  Police  Judge  of  the  City  of  Newport,  in  his  dis- 
cretion, to  order,  as  a part  of  the  punishment  of  any  one  convicted 
in  the  police  court  for  a violation  of  the  penal  ordinances  of  said 
city,  that  said  person  so  convicted  shall  be  fed  on  bread  and  water 
only,  during  the  term  of  said  person’s  imprisonment.  Said  order 
shall  be  made  a part  of  the  judgment,  and  shall  be  expressed  on 
the  commitment. 


General  Ordinances. 


261 


§§  282 — 284.  Officers — Bonds. 


OFFICERS  AND  EMPLOYEES. 

(a)  General  Provisions. 

An  Ordinance  concerning  bonds  of  city  officers,  agents  and  employees,  and 
all  others  required  to  give  bond  to  the  city.  (Approved  January  10,  1902.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§ 282.  (1)  Bonds  — renewal. — That  all  officers,  agents  or 

employees  of  the  City  of  Newport,  or  any  of  its  departments,  and 
all  persons  who  are  or  may  by  law  be  required  to  execute  bond  to 
the  City  of  Newport,  shall  renew  the  same  annually.  If  the  surety 
on  such  bond  be  a guarantee  or  indemnity  company  authorized  to 
do  business  in  the  State,  a renewal  receipt  shall  be  considered  as 
a renewal  of  the  bond. 

§283.  (2)  Surety  — qualifications  OE. — Individuals  of- 

fering to  become  surety  on  such  bonds  must  be  residents  of  Camp- 
bell county,  and  have  property  in  Campbell  county,  Kentucky,  sub- 
ject to  execution  over  and  above  all  their  indebtedness,  of  the 
assessed  value  for  State  taxation  of  double  the  penal  amount  of 
the  bond  in  which  they  offer  to  become  surety.  They  shall  in 
writing,  and  under  oath,  answer  the  following  questions,  to-wit : 

First  — Where  do  you  reside? 

Second  — What  property  do  you  own  in  Campbell  County  subject  to 
execution? 

Third  — What  is  it  assessed  at  for  State  taxation? 

Fourth  — What  is  the  total  amount  of  all  your  liabilities? 

The  questions  and  answers  shall  be  attached  to  the  bond. 

§ 284.  (3)  Record. — The  City  Auditor  shall  keep  a correct 

record  of  the  dates  of  all  bonds  mentioned  herein,  and  shall  imme- 
diately report  in  writing  to  the  Mayor  and  General  Council  any 
and  all  such  bonds  that  shall  not  be  renewed  as  herein  required. 


262 


General  Ordinances. 


§§  285 — 287.  Officers — Elections — Successors. 


An  Ordinance  relating  to  elections  in  the  City  of  Newport,  Ky.  (Approved 
January  4,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§285.  (1)  Elections  — certificates  oe. — That  whenever 

an  election  is  held  in  the  City  of  Newport  under  the  general  elec- 
tion law  of  the  State  for  any  municipal  office  of  said  city,  after  a 
certificate  of  the  vote  cast  at  said  election  shall  have  been  returned 
to  and  certified  to  the  General  Council,  the  said  General  Council 
shall,  in  each  branch  thereof,  by  resolution  order  certificates  of 
election  to  the  person  or  persons  receiving  the  highest  number  of 
votes  for  each  office  or  offices,  and  the  Mayor  shall  thereupon  issue 
a certificate  of  election  to  the  said  person  or  persons  so  entitled, 
except  in  case  of  an  election  for  Mayor  to  fill  a vacancy  in  the 
office  of  Mayor,  when  the  said  certificate  shall  be  issued  by  the 
President  of  the  Board  of  Aldermen,  or  in  the  absence  from  the 
city,  or  inability  of  said  President  of  the  Board  of  Aldermen  to 
act,  by  the  President  of  the  Board  of  Councilmen ; provided,  how- 
ever, that  each  branch  of  the  General  Council  shall  be  the  judge 
of  and  determine  the  qualifications  of  its  members. 

§286.  (2)  Certificates  — when  issued  — officers  to 

qualify. — The  certificates  herein  provided  for  shall  be  issued 
within  ten  days  after  the  passage  of  the  resolution  as  to  the  per- 
sons entitled,  and  the  persons  to  whom  certificates  of  election  are 
issued  shall,  within  thirty  days  after  the  issual  of  same,  qualify 
and  take  the  oath  of  office,  as  required  by  law  and  according  to 
the  form  prescribed  by  the  ordinances  of  said  City  of  Newport. 


An  Ordinance  relating  to  the  officers  of  the  City  of  Newport,  Ky. 
(Approved  March  5,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§287.  (1)  Officers  — delivery  of  books,  etc.,  to  suc- 

cessor — penalty. — That  any  person  who  now  holds,  has  held, 


General  Ordinances. 


263 


§§  288 — 289.  Officers — Collections,  Oaths. 


or  may  hereafter  hold,  any  office  or  employment  under  the  laws 
and  ordinances  governing  the  City  of  Newport,  that  shall  fail 
or  refuse  to  deliver  to  his  successor  in  office,  or  employment  or 
position,  any  of  his  books,  papers,  keys,  buildings,  or  other  prop- 
erty of  the  City  of  Newport,  upon  the  same  being  demanded  by 
his  successor  in  office  or  employment,  or  shall  obstruct  or  prevent 
in  any  manner  the  person  appointed  or  elected  as  his  successor 
in  assuming  or  performing  the  duties  of  the  office  to  which  he  is 
appointed  or  elected,  he  shall,  upon  conviction  in  the  police  court, 
be  fined  in  any  sum  not  less  than  five  nor  more  than  fifteen  dol- 
lars and  costs  of  prosecution ; and  each  day  that  the  property  is 
retained  or  interference  continued  shall  be  deemed  a separate 
offense,  and  shall  be  prosecuted  accordingly. 


An  Ordinance  prescribing  the  times  when  the  Wharfmaster,  Marketmaster, 
Chief  of  Police,  Delinquent  Tax  Collector  and  City  Attorney  shall  report 
and  pay  in  moneys  collected  by  them.  (Approved  December  21,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky, 

§288.  (1)  Officers  — moneys  collected  by  — time  of 

payment. — That  the  Wharfmaster,  Marketmaster,  Chief  of  Police, 
Delinquent  Tax  Collector,  and  City  Attorney  of  the  City  of  New- 
port, shall  each  of  them  pay  in  to  the  City  Treasurer  all  moneys 
collected  by  them  on  and  inclusive  to  each  first  and  fifteenth  day 
of  each  month,  and  when  either  of  said  days  shall  fall  on  a Sunday 
or  legal  holiday,  they  shall  report  and  pay  in  to  said  Treasurer  on 
the  preceding  day. 


An  Ordinance  pertaining  to  oaths  of  the  officers  of  the  City  of  Newport,  Ky. 
(Approved  May  16,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 289.  (1)  Oaths  of  officers  required. — That  all  officers 

of  the  City  of  Newport  shall,  before  beginning  the  discharge  of 


264 


General  Ordinances. 


§ 290.  Officers — Oaths. 


their  several  duties,  take  an  oath  to  faithfully  discharge  same,  and 
an  official  record  shall  be  made  of  that  fact ; in  the  case  of  legis- 
lative officers,  on  the  journal  of  the  body  to  which  they  were 
elected;  in  the  case  of  appointive  officers,  on  the  journal  of  the 
body  by  which  they  were  confirmed,  and  other  elective  officers  by 
the  Auditor  recorded  in  a book  to  be  kept  for  the  purpose,  and 
by  him  reported  to  the  General  Council. 

§290.  (2)  Oath  — Form  of. — The  following  shall  be  the 

form  of  oath  to  be  taken  by  all  elective  officers  of  the  City  of 
Newport  to  the  legislative  offices  of  said  city:  “I  do  solemnly 
swear  (or  affirm)  that  I will  support  the  Constitution  of  the 
United  States  and  the  Constitution  of  this  Commonwealth,  and 
be  faithful  and  true  to  the  Commonwealth  of  Kentucky,  so  long 
as  I continue  a citizen  thereof,  and  that  I will  faithfully  execute 

to  the  best  of  my  ability  the  office  of  according  to 

law ; and  I do  further  solemnly  swear  that  since  the  adoption  of 
the  present  Constitution,  I,  being  a citizen  of  this  State,  have  not 
fought  a duel  with  deadly  weapons  within  this  State  nor  out  of  it, 
nor  have  I sent  or  accepted  a challenge  to  fight  a duel  with  deadly 
weapons,  nor  have  I acted  as  a second  in  carrying  a challenge,  nor 
aided  or  assisted  any  person  thus  offending;  and  I do  further 
solemnly  swear  (or  affirm)  that  I do  not  hold  any  other  civil 
office,  that  I am  not  the  agent,  employee  or  attorney  of  any  rail- 
road company  or  street  railway  company,  that  I am  not,  directly 
or  indirectly,  interested  in  any  contract  with  the  city  or  any  appli- 
cation therefor,  that  I am  not  in  arrears  to  the  city  for  money  or 
property  held  or  collected,  that  I do  not  hold  any  office  or  employ- 
ment in  any  company  or  corporation  which  has  or  is  an  applicant 
for  any  contract  with  the  city,  and  that  I know  of  no  reason, 
according  to  law  and  the  charter  for  cities  of  the  second  class,  that 

renders  me  ineligible  to  the  office  of ; to  all  of  which 

I solemnly  swear  (or  affirm),  so  help  me  God.” 

All  other  elective  officers  and  all  appointive  officers  of  said 
city  shall  take  the  following  oath:  “I  do  solemnly  swear  (or 
affirm)  that  I will  support  the  Constitution  of  the  United  States 
and  the  Constitution  of  this  Commonwealth,  and  be  faithful  and 


General  Ordinances. 


265 


291.  Officers — Salaries. 


true  to  the  Commonwealth  of  Kentucky,  so  long  as  I continue  a 
citizen  thereof,  and  that  I will  faithfully  execute,  to  the  best  of 

my  ability,  the  office  of according  to  law ; and  I 

do  further  solemnly  swear  (or  affirm)  that  since  the  adoption  of 
the  present  Constitution,  I,  being  a citizen  of  this  State,  have  not 
fought  a duel  with  deadly  weapons  within  this  State  nor  out  of  it, 
nor  have  I sent  or  accepted  a challenge  to  fight  a duel  with  deadly 
weapons,  nor  have  I acted  as  second  in  carrying  a challenge,  nor 
aided  or  assisted  any  person  thus  offending ; and  I do  further 
solemnly  swear  (or  affirm)  that  I am  not,  directly  or  indirectly, 
interested  in  any  contract  with  the  city  nor  in  any  work  done  by 
the  city,  nor  in  furnishing  supplies  for  the  city  or  any  of  its  insti- 
tutions, nor  in  the  sale  of  any  property  to  or  for  the  city,  so  help 
me  God.” 


An  Ordinance  fixing  salaries  of  the  various  officers  of  the  City  of  New- 
port, Ky.,  from  and  after  the  first  Monday  in  January,  1900.  (Approved 
November  1,  1899.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§291.  (1)  Officers— salaries — mayor— clerk — treas- 

urer — ATTORNEY  — ASSESSOR  — ENGINEER  — JAILER. — That  the 
salaries  of  the  various  officers  of  the  City  of  Newport  from  and 
after  the  first  Monday  in  January,  1900,  shall  be  as  follows : 
Mayor  of  said  city  shall  receive  as  salary  the  sum  of  $1,800  per 
annum,  payable  in  monthly  installments  of  $150  each;  City  Clerk, 
$1,920  per  annum,  payable  in  monthly  installments  of  $158.33  1-3 
each;  City  Treasurer,  $2,000  per  annum,  payable  in  monthly 
installments  of  $166.66  2-3  each  ; City  Attorney,  $1,500  per  annum, 
payable  in  monthly  installments  of  $125  each ; City  Assessor,  $800 
per.  annum,  payable  in  monthly  installments  of  $66,662-3  each; 
City  Engineer,  $1,800  per  annum,  payable  in  monthly  installments 
of  $150  each;  City  Jailer,  the  sum  of  fifty  cents  per  day  for  keep- 
ing and  dieting  each  city  prisoner,  and  the  sum  of  twenty-five  cents 
for  imprisoning  and  twenty-five  cents  for  releasing  each  city  pris- 


266 


General  Ordinances. 


§§  292 — 294.  Officers — Employees’  Wages — Assessor. 


oner,  said  sums  of  money  to  be  paid  to  said  jailer  in  lieu  of  salary, 
and  to  be  paid  in  monthly  warrants  upon  the  city  treasury. 


An  Ordinance  fixing  the  wages  to  be  paid  various  employees  of  the  City 
of  Newport  from  and  after  the  first  day  of  January,  1904.  (Approved 
November  18,  1903.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 292.  (1)  Employees'’  salaries. — That  from  and  after  the 

first  day  of  January,  1904,  that  there  shall  be  paid  by  the  City 
of  Newport  the  following  wages  to  the  following  employees, 
respectively : 

To  the  foreman  of  the  Street  Cleaning  and  Repairing  Depart- 
ment, $60  per  month. 

To  the  stable  foreman,  $60  per  month. 

To  the  sewer  men,  $2  per  day. 

To  the  cart  and  wagon  drivers,  $1.75  per  day. 

To  all  street  hands  and  laborers,  $1.75  per  day. 


(b)  Assessor. 

An  Ordinance  providing  for  a bond  to  be  given  by  the  City  Assessor  of  the 
City  of  Newport,  Ky.  (Approved  December  21,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 293.  ( 1 ) Assessor  — bond. — That  the  City  Assessor  of 

the  City  of  Newport,  Ky.,  shall  give  a bond  to  said  city,  con- 
ditioned that  he  shall  well  and  faithfully  perform  the  duties  of 
said  office  according  to  the  charter  for  cities  of  the  second  class 
in  Kentucky,  and  the  laws  and  ordinances  of  said  City  of  Newport. 

§294.  (2)  Sureties  — qualieication. — The  sureties  of 

said  bond  shall  not  be  less  than  two  in  number,  and  they  shall  be 
residents  of  the  State  of  Kentucky,  and  they  shall  make  oath  that 
they  are  together  worth  not  less  than  five  thousand  ($5,000)  dol- 
lars over  and  above  their  debts,  exemptions  and  liabilities,  and 
said  bond  shall  be  approved  by  the  General  Council. 


General  Ordinances. 


267 


§§  295 — 297.  Officers — Assessor. 


An  Ordinance  concerning  the  office  of  Assessor  in  the  City  of  Newport,  Ky. 

(Approved  July  30,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§295.  (1)  Assessment  increased  — notice  oe.  — That 

whenever  in  any  year  the  Assessor  of  the  City  of  Newport 
assesses  any  real  property  in  said  city  at  a larger  value  than  that 
of  the  year  immediately  previous,  he  shall  notify  the  owner  of 
same  by  mailing  to  him,  to  his  or  her  address,  if  known,  and  if 
unknown,  to  the  general  delivery  of  the  postoffice  nearest  the  last 
known  residence,  a statement  showing  the  number  of  the  lot  and 
the  assessment  of  the  previous  year,  of  the  year  assessing  and 
amount  of  increase. 

§296.  (2)  Assessor  — book  to  be  kept  by. — The  said 

Assessor  shall,  at  the  expense  of  the  city,  provide  himself  with  a 
suitable  book  with  stub  attached,  for  the  purpose  of  giving  said 
notices.  Said  book  shall  show  date,  name  of  owner,  number  of 
lot,  addition  or  plat  in  which  same  is  located,  amount  assessed  in 
previous  year,  amount  assessed  in  year  assessing  and  increase, 
and  shall  be  signed  by  the  Assessor  or  one  of  his  deputies,  which 
same  shall  also  all  be  recorded  in  brief  on  the  stub  attached.  The 
original  shall  be  torn  out  and  mailed  to  the  owner  as  -provided  in 
Section  1 hereof,  and  same  shall  be  mailed  not  later  than  thirty 
days  before  the  first  of  January  succeeding  any  assessment. 


An  Ordinance  providing  for  the  retrospective  assessment  of  omitted  per- 
sonal property,  and  of  personal  property  erroneously  and  illegally 
assessed,  and  which  property  is  subject  to  taxation  by  the  City  of 
Newport,  Ky.  (Approved  February  14,  1899.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§297.  (1)  Assessment  — retrospective. — That  when  the 

City  Assessor  or  the  City  Board  of  Equalization  shall  ascertain 
That  any  personal  property  or  other  property  liable  for  taxation 


268 


General  Ordinances. 


§§  298 — 299.  Officers — Auditor. 


by  the  City  of  Newport,  Ky.,  has  been  erroneously  and  illegally 
assessed  or  omitted  from  assessment  in  the  past,  or  shall  be  erro- 
neously and  illegally  assessed  or  omitted  from  assessment  in  the 
future  by  said  Assessor  or  Board  of  Equalization,  said  property 
may  be,  when  such  omission  or  erroneous  and  illegal  assessment 
is  discovered  and  ascertained,  and  same  is  hereby  ordered  and 
directed  to  be  assessed  retrospectively  by  said  Assessor  or  Board 
of  Equalization  for  the  year  or  years  said  omission  or  said  erro- 
neous and  illegal  assessment  took  place,  and  against  the  person, 
company  or  corporation,  or  other  person  which  should  have  been 
assessed  with  it,  if  in  being;  if  not,  then  against  his,  her,  its  or 
their  representative. 


(e)  Auditor. 

An  Ordinance  in  relation  to  the  Auditor  of  the  City  of  Newport,  Ky.,  and 
fixing  the  amount  of  bond  to  be  given  by  him  for  the  faithful  discharge 
of  his  duty.  (Approved  April  19,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 298.  ( 1 ) Auditor  — duties  — bond. — That  the  Auditor 

of  the  City  of  Newport,  Ky.,  shall  perform  such  duties  as  are 
required  and  prescribed  for  him  by  the  charter  for  cities  of  the 
second  class,  and  he  shall  give  bond,  to  be  approved  by  the  Gen- 
eral Council,  in  the  sum  of  $20,000.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 


An  Ordinance  providing  for  a change  in  the  method  and  number  of  times 
for  advertising  delinquent  real  estate  tax  bills.  (Approved  July  26,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky 

§299.  (1)  Auditor  — to  publish  delinquent  tax  list. — 

That  the  Auditor  of  the  City  of  Newport  shall  publish  in  the  city’s 
official  paper  the  list  of  delinquent  tax  bills  against  realty,  two" 


General  Ordinances. 


269 


§§300 — 301.  Officers — Clerk. 


separate  times,  being  one  time  each  week  for  two  weeks,  instead 
of  for  two  weeks,  as  provided  in  Section  14,  Article  VIII  , 
[§  3 187,  Kentucky  Statutes,]  of  the  charter  for  cities  of  the 
second  class,  entitled  “An  Act  for  the  government  of  cities  of 
the  second  class  in  the  Commonwealth  of  Kentucky,”  approved 
March  19,  1894;  and  that  all  other  matters  providing  for  and 
concerning  the  publication  of  delinquent  tax  bills  against  realty 
shall  remain  the  same  as  provided  for  in  said  Section  14  of 
Article  VIII.  of  said  charter. 


An  Ordinance  fixing  the  salary  of  the  Auditor  of  the  City  of  Newport,  Ky. 
(Approved  April  26,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky 

§300.  (1)  Auditor  — salary. — That  the  salary  of  the 

Auditor  of  the  City  of  Newport  shall  be  twelve  hundred  dol- 
lars per  annum,  payable  in  monthly  installments  of  one  hundred 
dollars  each. 


( d ) Clerk. 

An  Ordinance  relating  to  supplies  for  the  City  of  Newport,  Ky.  (Approved 
March  5,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§301.  (1)  Clerk — supplies — orders  for — how  issued. 

— That  it  shall  be  the  duty  of  the  City  Clerk  of  said  city  to  keep 
an  order  book  with  stubs  attached,  whence  he  shall  issue  orders 
to  all  parties  furnishing  supplies  and  material  of  any  kind  neces- 
sary for  the  use  of  said  city  before  same  are  furnished,  and  that 
no  claim  for  such  shall  be  recognized  by  the  General  Council, 
unless  accompanied  by  such  order  with  receipt  thereon  of  party 
receiving  same  attached,  and  be  presented  for  payment  within  one 
month  from  the  time  said  supplies  or  material  is  so  furnished  and 


270 


General  Ordinances. 


§§  302 — 307.  Officers — Delinquent  Tax  Collector. 


ordered,  otherwise  such  claims  shall  be  deemed  fraudulent,  and 
payment  therefor  resisted. 

§ 302.  (2)  Issued  eor  contracts. — The  said  City  Clerk 

shall  issue  said  orders  for  all  contracts  made  by  Council  to  the 
extent  of  same  as  needed. 

§ 303.  (3)  Supplies  — requisition  eor. — That  the  chair- 

man of  each  committee  of  the  General  Council  shall  make  requi- 
sition on  said  clerk  for  such  supplies  and  material  ordered  by  the 
General  Council,  and  said  clerk,  with  the  approval  of  the  said 
chairman,  may  use  his  discretion  in  issuing  said  orders,  and  on 
whom,  as  the  best  interests  of  the  city  may  require,  but  not, 
however,  to  exceed  the  annual  estimates. 

§304.  (4)  Clerk  — extra  allowance. — That  said  clerk 

be  allowed  one  hundred  dollars  annually  for  his  extra  labor  in 
carrying  out  the  requirements  of  this  ordinance. 


(e)  Delinquent  Tax  Collector. 

An  Ordinance  fixing  rate  of  percentage  to  be  paid  Delinquent  Tax  Col- 
lector on  personalty  bills  and  franchise  bills  of  the  City  of  Newport,  Ky. 
(Approved  December  30,  1898.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky 

§305*  (0  Delinquent  tax  collector  — compensation 

— personalty. — That  the  Delinquent  Tax  Collector  on  person- 
alty bills  of  the  City  of  Newport,  Ky.>  shall  receive  as  compen- 
sation the  sum  of  twenty-five  percentum  on  each  dollar  collected 
by  him  on  all  personalty  bills  except  franchise  tax  bills. 

§306.  (2)  Compensation  — franchises. — That  the  said 

Delinquent  Tax  Collector  on  personalty  bills  of  the  City  of  New- 
port, Ky.,  shall  receive  as  compensation  the  sum  of  five  percentum 
on  each  dollar  collected  by  him  on  all  franchise  tax  bills. 

§ 3 07.  (3)  Repealing  clause. — The  ordinance  approved 

January  3,  1895,  entitled  “An  Ordinance  fixing  the  rate  of  per- 


General  Ordinances. 


271 


§§  308 — 309.  Officers — Engineer,  Jailer. 


centage  to  be  paid  Delinquent  Tax  Collector  on  personalty  bills 
of  the  City  of  Newport,”  is  hereby  repealed. 


(f)  Engineer. 

An  Ordinance  relating  to  the  City  Civil  Engineer  of  Newport,  Ky. 

(Approved  February  1,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§308.  (1)  Engineer  — accounts  — other  duties. — That 

the  City  Civil  Engineer  of  Newport  shall  keep  a set  of  books 
showing  all  items  of  expense  and  liabilities  incurred  by  the  city 
in  and  through  his  department  of  the  city  government,  and  said 
books  shall  be  open  at  all  times  to  the  inspection  of  the  Ways  and 
Means  Committees  and  Claims  Committees  of  both  branches  of 
the  General  Council.  He  shall  perform  the  city  civil  engineering 
of  the  city  for  all  work  necessary  for  the  city,  and  to  and  con- 
nected with  any  of  the  property  of  the  city,  and  shall  keep  an 
index  of  all  plats  and  maps  done  for  the  city,  which  shall  be  the 
property  of  the  city,  and  shall  perform  such  other  duty  connected 
with  his  department  as  may  be  ordered  by  the  proper  authorities 
or  the  General  Council  from  time  to  time. 


(g)  Jailer. 

An  Ordinance  providing  for  a bond  to  be  given  by  the  Jailer  of  the  City  of 
Newport,  Ky.,  for  the  faithful  performance  of  his  duties.  (Approved 
December  21,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky 

§309.  (1)  Jailer  — bond. — That  the  Jailer  of  the  City  of 

Newport,  Ky.,  shall  give  a bond  conditioned  that  he  will  well  and 
truly  perform  the  duties  of  his  said  office,  and  hold  and  save  the 
city  harmless  from  any  and  all  loss  or  losses  it  may  sustain  bv 


272 


General  Ordinances. 


§ § 3 1 o — 3 1 1 . Officers — J ailer . 


reason  of  any  failure  on  his  part  to  so  perform  the  duties  of  the 
office  of  Jailer  of  said  city. 

§310.  (2)  Sureties  — qualifications. — There  shall  be 

not  less  than  two  sureties  on  said  bond,  and  they  shall  all  be  resi- 
dents of  the  State  of  Kentucky,  and  together  be  owners  of  real 
estate,  over  and  above  their  debts,  liabilities  and  exemptions,  worth 
not  less  than  one  thousand  ($1,000)  dollars,  to  which  amount  as 
to  solvency  they  shall  make  oath. 


An  Ordinance  concerning  the  jail  of  the  City  of  Newport,  Ky.  (Approved 
March  16,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 31 1.  (1)  Jailer  — duties. — That  all  persons  convicted  in 

the  police  court  of  the  City  of  Newport  shall  be  confined  in  the 
jail  of  the  said  city  when  not  actually  engaged'in  labor  or  at  work 
in  the  workhouse  of  said  city,  and  it  shall  be  the  duty  of  the  City 
Jailer  to  exercise  control  over  and  guard  carefully  the  city  jail, 
and  shall  safely  keep  and  securely  confine  and  hold  in  custody 
such  persons  as  shall  be  committed  to  said  jail  for  confinement, 
subject,  however,  to  the  orders  of  competent  authority;  and  he 
shall  register  in  a book  to  be  provided  for  the  purpose,  the  date, 
name,  age,  sex,  crime,  and  the  time  for  which  each  person  is  com- 
mitted. All  persons  (sick  excepted)  confined  in  said  jail  shall  be 
caused  to  rise  at  a reasonable  hour  each  morning,  put  their  cells 
in  order,  wash  themselves,  and  they  shall  be  required  by  the  Jailer 
to  observe  and  maintain  a strict  compliance  and  obedience  to  the 
laws,  ordinances,  rules  and  regulations  now  existing  or  that  may 
hereafter  be  adopted  for  the  government  of  said  jail,  and  special 
and  scrupulous  care  and  regard  shall  be  exercised  for  the  sanitary 
condition  of  said  jail.  The  male  and  female  prisoners  shall  be 
kept  in  cells ' separate  and  apart  from  each  other,  and  likewise, 
so  far  as  practicable,  distinction  shall  be  made  between  the  ages 
and  character  of  persons  confined.  No  malt,  vinous  or  spirituous 


General  Ordinances. 


273 


§§  312 — 315.  Officers — Jail. 


liquors  shall  be  allowed  to  any  person  confined  in  said  jail,  except 
upon  order  of  a physician,  and  no  person  shall  furnish  same.  No 
person  shall  be  allowed  to  loiter  around  said  jail.  No  gambling 
shall  be  allowed  in  said  jail.  The  Jailer  shall  make  frequent  visits 
into  and  around  said  jail,  and  inspect  all  cells  and  prisoners  fre- 
quently, to  see  that  no  person  therein  confined  escapes  therefrom. 

§312.  (2)  Station-house — no  part  of  jail. — The  part 

of  the  jail  set  apart  to  and  for  a station-house  shall  be  no  part  of 
the  jail,  but  shall  be  under  the  supervision  of  the  Chief  of  Police 
of  the  city  and  the  police  officers  under  him,  and  all  persons 
arrested  for  violation  of  the  ordinances  shall  be  therein  confined 
until  after  conviction,  unless  deemed  dangerous,  when  they  shall 
be  confined  in  the  jail  by  the  Jailer  upon  delivery  of  the  said 
person  by  the  police  officer  to  said  Jailer. 

§313.  (3)  Jailer  to  receive  no  pay  for  persons  con- 

fined in  statiOn-house. — The  Jailer  shall  not  receive  any  pay 
for  persons  confined  in  the  station-house,  except  when  ordered  to 
be  confined  in  the  jail  as  provided  in  Section  2. 

§ 314.  (4)  Penalty. — Any  person  violating  any  of  the  pro- 

visions of  this  ordinance  shall,  upon  conviction  in  the  police  court, 
be  fined  in  any  sum  not  exceeding  fifty  ($50)  dollars  and  costs  of 
prosecution. 


An  Ordinance  prescribing  and  regulating  the  food  and  bill  of  fare  to  be 
given  to  prisoners  confined  in  the  jail  of  the  City  of  Newport,  Ky. 
(Approved  March  26,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§315.  (1)  Jail  — bill  of  fare. — That  all  prisoners  con- 

fined in  the  jail  of  said  city  shall  receive  as  food  for  breakfast  and 
dinner  of  each  day,  respectively,  the  hereinafter  named  articles  of 
diet  only,  to-wit : For  the  breakfast  of  each  day  as  aforesaid,  one 
pan  of  cofifee  and  a half  loaf  of  bread,  the  coffee  to  contain  neither 
sugar  nor  milk,  and  the  bread  to  be  without  butter  ; and  for  the 


( 18N  ) 


274 


General  Ordinances. 


§§  316 — 320.  Officers — Night  Jail  Guard. 


dinner  of  each  day  as  aforesaid,  bean,  barley  or  rice  soup,  to  be 
served  on  alternate  days,  together  with  eight  ounces  of  fresh  beef 
boiled  in  said  soup,  and  one  piece  of  corn  bread  four  by  six  inches 
in  size ; said  prisoners  are  to  receive  as  much  of  said  soup,  be  it 
bean,  barley  or  rice,  as  they  may  desire,  and  on  special  occasions, 
such  as  holidays,  noodle  soup  may  be  substituted  in  lieu  of  either 
of  the  other  kinds,  and  no  additional  allowance  than  as  herein 
provided  shall  be  made  to  any  prisoner  confined  in  said  jail  except 
to  those  who  may  be  required  to  perform  manual  labor  in  or  out 
of  said  jail. 

§316.  (2)  Jaie  — meals. — That  but  two  meals  per  day 

shall  be  allowed  in  said  jail,  which  shall  be  the  meals  as  prescribed 
and  regulated  in  the  foregoing  section.  The  said  breakfast  to  be 
served  at  8 o’clock  a.  m.  and  the  said  dinner  at  2 o’clock  p.  m.  of 
each  day  as  aforesaid. 

§317.  (3)  Penalty. — That  the  Jailer  of  said  city,  or  any 

other  person  in  anywise  violating  any  of  the  provisions  of  this 
ordinance,  shall,  upon  conviction  in  the  police  court,  be  fined  in 
any  sum  not  exceeding  twenty-five  ($25)  dollars  and  costs  of 
prosecution. 


An  Ordinance  creating  the  office  of  Night  Jail  Guard,  fixing  his  salary  and 
prescribing  his  duties.  (Approved  February  21,  1896.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§318.  (1)  Night  jail  guard  — term. — That  the  office  of 

Night  Jail  Guard  be,  and  the  same  is  hereby  created,  and  the  term 
of  office  of  same  shall  begin  on  the  first  Monday  in  January 
each  year. 

§ 319.  (2)  Election — salary. — That  the  Night  Jail  Guard 

shall  be  elected  by  the  General  Council  in  joint  session,  as  pro- 
vided by  the  charter  of  cities  of  the  second  class,  and  shall  receive 
the  same  pay  as  the  police  patrolmen  of  said  city. 

§320.  (3)  Duties. — Said  Night  Jail  Guard  shall  act  as 
and  for  the  jailer  at  night  and  in  the  absence  of  the  jailer,  and  be 


General  Ordinances. 


275 


§§  321 — 323.  Officers — Janitor. 


subject  to  the  control  of  the  jailer,  and  subject  to  removal  at  any 
time  by  the  said  General  Council. 

§321.  (4)  Bond. — Said  Night  Jail  Guard  shall  give  a bond 

to  the  City  of  Newport,  with  good  and  approved  securities,  con- 
ditioned, in  the  sum  of  one  thousand  dollars,  for  the  proper  and 
efficient  discharge  of  his  duties. 


(h)  Janitor. 

An  Ordinance  creating  the  position  of  Janitor  for  the  new  City  Building  of 
the  City  of  Newport,  Ky.,  and  further  prescribing  the  manner  and  time 
of  election,  defining  his  duties  and  fixing  his  salary.  (Approved  May  24, 
1901.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky 

§322.  (1)  Janitor  — election — term. — That  the  position 

of  Janitor  for  the  Newport,  Ky.,  City  Building  be,  and  the  same 
is  hereby  created.  Said  Janitor  shall  be  elected  by  the  General 
Council  in  joint  session  in  the  month  of  May  each  year,  and  shall 
hold  his  position  for  the  term  of  one  year  thereafter,  said  term  to 
commence  on  the  first  Monday  in  June  of  each  year. 

§ 323.  (2)  Janitor  — duties. — It  shall  be  the  duty  of  said 

Janitor  to  keep  the  Council  chamber  and  court  rooms  and  Armory 
hall,  and  all  the  offices  of  all  the  city  officers  located  in  said  build- 
ing, and  all  the  rooms,  halls  and  stairways  of  said  building,  except- 
ing the  jail  proper  and  the  apartments  of  the  jailer,  clean  and  in 
good  order.  Also  the  furniture  and  fixtures  thereof,  together  with 
the  urinal  and  water  closets  of  said  building.  And  during  the 
meeting  of  either  or  both  Boards  of  the  General  Council  or  com- 
mittees of  either  Board,  and  during  the  session  of  the  several 
courts,  he  shall  keep  the  room  or  rooms  so  used  well  warmed  and 
lighted  and  aired,  as  the  occasion  may  require  And  he  shall  at 
all  times  have  supervising  care  of  said  building  and  said  furniture 
and  property  therein.  He  shall  also  tend  and  operate  the  furnace 
or  other  heating  apparatus  so  as  to  keep  said  building  properly 


276 


General  Ordinances 


§§  324 — 327.  Police  Judge — Police  and  Fire  Commissioners. 


warmed.  He  shall  further  keep  in  good  order  passageways  to 
said  building,  and  the  grounds  around  said  building. 

§ 324.  (3)  Salary. — Said  Janitor  shall  be  paid  for  said 

services  the  sum  of  fifty  dollars  per  month,  payable  m mthly. 


(t)  Police  Judge. 

An  Ordinance  fixing  the  salary  of  the  Judge  of  the  Police  Court  of  the  City 
of  Newport,  Ky.  (Approved  March  31,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§325.  (1)  Police  judge  — salary. — That  the  salary  of 

the  Judge  of  the  Police  Court  of  the  City  of  Newport  be,  and  the 
same  is  hereby  fixed  at  the  sum  of  six  hundred  dollars  per  year. 


(/)  Police  and  Fire  Commissioners. 

An  Ordinance  fixing  salary  of  the  Police  and  Fire  Commissioners  of  the 
City  of  Newport,  Ky.  (Approved  April  19,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§326.  (1)  Police  and  Eire  commissioners  — salary. — 

That  the  salaries  of  the  Police  and  Fire  Commissioners  of  the 
City  of  Newport  shall  be  fifty-two  dollars  each  per  annum,  pay- 
able in  monthly  installments  of  $4.33  50-100  each. 


An  Ordinance  fixing  the  amount  of  bond  to  be  given  by  members  of  the 
police  force  of  Newport,  Ky.  (Approved  June  4,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky 

§ 327.  (1)  Policemen  — bond. — That  each  member  of  the 

police  force  of  Newport,  Ky.,  shall,  before  beginning  the  dis- 
charge of  his  duty  as  such,  give  bond  for  the  faithful  discharge 


General  Ordinances. 


279 


§§  334 — 336-  Officers — Treasurer. 


City  of  Newport,  Ky.,  shall  be  twelve  hundred  dollars  per  annum, 
payable  in  monthly  installments  of  one  hundred  dollars  each. 

j 

§ 334.  (2)  Repealing  clause. — That  all  ordinances  in  con- 

flict with  this  are  hereby  repealed. 


(m)  Treasurer. 

An  Ordinance  providing  for  and  requiring  a bond  from  the  City  Treasurer 
of  the  City  of  Newport,  Ky.  (Approved  December  21,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 335*  (0  Treasurer  — bond. — That  the  City  Treasurer 

of  the  City  of  Newport,  Ky.,  shall  give  a bond  to  the  said  city, 
conditioned  that  he  shall  well  and  faithfully  perform  the  duties  of 
the  office  of  City  Treasurer  of  said  city  as  may  be  required  of  him 
by  virtue  of  an  act  of  the  General  Assembly  of  the  Commonwealth 
of  Kentucky,  entitled  “An  Act  for  the  government  of  cities  of 
the  second  class  in  the  Commonwealth  of  Kentucky/’  approved 
March  19,  1894,  and  according  to  laws  and  ordinances  of  said 
City  of  Newport. 

§ 336.  (2)  Sureties. — The  said  bond  of  the  City  Treasurer 

shall  have  as  sureties  on  same  not  less  than  two  persons,  who  shall 
be  residents  of  the  State  of  Kentucky,  and  the  said  sureties  shall 
make  oath  that  they  are  worth  together  not  less  than  one  hun- 
dred thousand  ($100,000)  dollars  in  real  estate  over  and  above 
all  their  debts  and  liabilities  and  exemptions,  and  said  bond  shall 
be  approved  by  the  General  Council.  [Provided,  however,  that 
any  fidelity  or  guarantee  company  authorized  and  empowered  to 
insure  the  fidelity  of  persons  may  become  and  be  accepted  as  sole 
surety  upon  the  bond  herein  provided  for,  in  lieu  of  individual 
sureties.]  (Words  in  brackets  added  by  amendment  by  ordinance 
of  February  7,  1900.) 


General  Ordinances. 


280 

a 


\ 


y 

V 


\Y 


§§  337 — 34°-  Poor — Overseer. 


An  Ordinance  providing  for  the  execution  of  a bond  by  the  City  Deposi- 
tory, and  fixing  the  amount  thereof.  (Approved  December  18,  1903.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§ 337-  ( 1 ) City  depository  — bond. — That  the  bank  in  the 

City  of  Newport  which  shall  be  selected  as  the  city  depository 
shall,  before  the  city  funds  shall  be  deposited  with  it,  execute  a 
bond  in  the  sum  of  one  hundred  thousand  ($100,000)  dollars, 
with  sureties,  to  be  approved  by  the  General  Council,  for  the 
faithful  care  and  payment  of  all  funds  intrusted  to  it. 


POOR. 

An  Ordinance  creating  the  office  of  Overseer  of  the  Poor  for  the  City  of 
Newport,  and  further  prescribing  the  manner  and  time  of  his  election, 
his  duties,  etc.,  and  the  mode  and  manner  of  his  granting  relief  to  the 
poor  of  the  city.  (Approved  February  10,  1897.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§ 338.  ( 1 ) Overseer  oe  the  poor  — election  — terms. — 

That  the  office  of  Overseer  of  the  Poor  for  the  City  of  Newport  be, 
and  the  same  is  hereby  created.  Said  Overseer  shall  be  elected 
by  the  General  Council  in  joint  session  in  the  month  of  February 
in  each  year,  and  hold  his  office  for  the  term  of  one  year  there- 
after, said  term  commencing  on  the  first  Monday  of  March  1897. 

§339.  (2)  Duties  — salary. — The  said  Overseer  shall 

perform  the  duties  which  have  heretofore  devolved  on  the  Com- 
mittee on  Poor,  relative  to  the  relieving  of  said  poor,  and  he  shall 
receive  as  compensation  for  his  services  the  sum  of  six  hundred 
dollars  per  annum,  payable  in  equal  monthly  installments.* 

§ 340.  (3)  Application  eor  relief. — That  hereafter  no  re- 


* Note. — The  Overseer  of  the  Poor  receives  for  the  present  term  $900 
per  annum,  by  resolution  of  the  General  Council  in  joint  session  fixing 
salary,  passed  just  before  his  election. 


General  Ordinances, 


281 


§§  341 — 344.  Poor — Overseer. 


lief  shall  be  granted  to  any  indigent  person  or  persons  in  the  city 
or  from  the  funds  of  the  city,  except  by  and  through  said  Overseer, 
to  whom  all  applications  for  relief  must  be  made  directly,  or  in- 
directly through  some  member  of  the  General  Council,  whose  duty 
it  shall  be  on  the  reception  of  all  such  applications,  to  make  a 
thorough  and  rigid  examination  of  the  applicants,  their  residence 
and  general  condition,  pecuniary  and  otherwise,  and  he  shall  be 
fully  satisfied  that  the  application  is  meritorious  and  the  applicant 
in  need  of  the  relief  solicited  before  he  grants  the  same. 

§ 341.  (4)  Reliee,  regulation  concerning. — That  no  re- 

lief shall  be  granted  to  any  person  whomsoever  from  the  first  day 
of  May  until  the  first  day  of  October,  inclusive,  of  each  year,  and 
that  every  person  to  be  recognized  as  a bona  fide  resident  by  said 
Overseer  must  produce  to  him  the  most  positive  proof  that  thev 
have  resided  in  the  city  for  at  least  one  year  next  preceding  the 
application ; provided  always,  that  the  General  Council  may  grant 
such  relief  at  any  time  of  necessity. 

§342.  (5)  Certificates  — form  of. — The  said  Overseer 

shall,  after  having  ascertained  that  an  application  is  meritorious, 
issue  the  certificate  to  the  City  Clerk,  in  writing,  specifying  therein 
the  amount  of  relief  which  the  applicant  is  to  receive,  and  also  the 
following  facts,  viz. : The  name  and  age  of  the  person  requiring 
public  relief ; the  time  of  his  or  her  residence  in  the  city,  and  place 
of  same ; whether  single  or  married,  if  married,  name,  age  and 
sex  of  children,  and  trade  or  occupation,  whereupon  the  City  Clerk 
shall  issue  the  applicant  an  order  for  the  amount  designated  in  the 
certificate  of  the  Overseer. 

§ 343*  (6)  Record  to  be  kept. — The  said  Overseer  shall, 

in  a book  provided  for  that  purpose,  keep  a record  of  all  applica- 
tions, the  name,  age,  sex,  etc.,  of  the  applicants,  with  the  amount 
allowed  to  each,  and  he  shall,  the  first  of  every  month,  render  to 
the  General  Council  a statistical  report  of  the  persons  so  relieved 
and  the  relief  granted. 

§ 344-  (7)  To  perform  duties  of  sanitary  officer. — 
That  it  shall  also  be  the  duty  of  said  Overseer  to  act  as  and  per- 


282 


General  Ordinances. 


§§  345 — 347*  Poor — Physicians,  District. 


form  the  duties  of  a sanitary  officer  for  said  city,  which  now  or 
hereafter  may  be  required  of  him  by  law,  and  to  obey  and  be  sub  - 
ject to  the  orders  of  the  Board  of  Health  and  Health  Officer  of 
such  city. 

§ 345.  (8)  Oath — bond. — That  the  said  Overseer,  before 

he  enters  upon  the  duties  of  his  office,  shall  take  oath  that  he  will 
well  and  truly  perform  the  same  according  to  law,  and  shall  further 
give  bond  with  sureties  to  be  approved  by  the  General  Council  for 
the  faithful  performance  of  his  duties  as  herein  required. 


An  Ordinance  providing  for  and  concerning  the  poor  of  the  City  of  New- 
port, Ky.,  requiring  medical  attention.  (Approved  November  25,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§346.  (1)  Poor  — districts  defined. — That  the  City  of 

Newport  shall  be  divided  into  three  districts,  in  which  the  poor  of 
said  city  requiring  medical  attention  shall  be  served,  and  said 
districts  shall  be  as  follows:  The  First  District  shall  be  all  that 
part  of  the  city  lying  east  of  the  center  of  York  street ; the  Second 
District  shall  be  all  that  part  of  the  city  lying  west  of  the  center 
of  York  street  and  north  of  the  center  of  Seventh  street ; the  Third 
District  shall  be  all  that  part  of  the  city  lying  west  of  the  center  of 
York  street  and  south  of  the  center  of  Seventh  street. 

§ 347.  (2)  District  physicians — appointment — duties.' — 
There  shall  be  appointed  annually  by  the  Board  of  Health  of  the 
City  of  Newport,  organized  pursuant  to  the  State  law,  a physician 
in  each  of  said  districts,  whose  duty  it  shall  be  to  look  after,  visit 
and  prescribe  for  all  of  the  poor  in  each  of  said  districts  that  shall 
require  medical  attention,  whenever  called  upon.  Said  physicians 
so  appointed,  who  shall  be  known  as  District  Physicians,  shall  be 
under  the  control  of  the  Health  Officer  of  the  City,  subject  to 
such  rules  and  regulations  as  the  Board  of  Health  may  adopt.  The 
said  District  Physicians  shall  keep  a record  of  all  persons  who  are 
charity  patients,  visited  by  them,  and  shall  make  a weekly  report 


General  Ordinances. 


283 


§§  348 — 352.  Poor — Provisions  for  Medicine. 


of  all  work  dony  by  them  to  the  Board  of  Health,  and  shall  report 
to  the  uenef auCouncil  whenever  so  desired 

§348.  (3)  District  physician  — sending  patients  to 

hospital. — Whenever  a District  Physician  shall  deem  it  neces- 
sary to  send  a charity  patient  to  a hospital,  he  shall  notify  the 
Health  Officer,  when  the  said  patient  shall  be  visited  by  the  Health 
Officer  and  the  Relief  Committee  of  the  General  Council,  and  if  in 
the  judgment  of  said  Health  Officer  and  Relief  Committee  said 
patient  should  be  sent  to  the  hospital,  he  shall  be  so  sent. 

§ 349.  (4)  District  physician  — removal. — The  Board 

of  HdaftfuShall  have  the  right  at  any  time  to  remove  any  District 
Physician  and  appoint  another  in  his  place  for  cause  shown  to 
them,  and  said  Board  o£  Health  shall  be  the  sole  judges  of  whether 
or  not  godd  cause  has  been  shown. 

§35°-  (5)  District  physicians  — prescriptions  — rec- 

ord.— The  District  Physicians  shall  place  upon  each  prescription 
given  by  them  to  charity  patients  the  name,  age  and  residence  of 
said  patient,  and  shall  keep  a copy  of  said  prescription,  which  shall 
be  furnished  to  the  Board  of  Health  or  General  Council  at  any  time 
desired  by  either. 


Resolution  fixing  salaries  of  District  Physicians  and  ratifying  same. 
(Approved  March  30,  1904) 

Resolved  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 351.  District  physicians — salary. — That  the  salary  of 
the  District  Physician  be  fixed  at  $300  per  annum,  payable  monthly. 


An  Ordinance  providing  for  the  manner  of  purchasing  and  distributing 
medicines  for  the  outdoor  poor,  and  directing  report  of  said  distribution 
by  the  Health  Officer.  (Approved  January  10,  1901.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 352-  (1)  Poor — medicines — how  furnished. — That  all 

medicinal  tablets,  medicine  not  in  tablet  form,  and  all  articles  not 


284 


General  Ordinances 


§§  353 — 35^-  Public.  Work — Home  Labor. 


strictly  medicines  and  termed  “extras”  shall  be  furnished  annually 
by  contract  let  by  advertisement  and  the  receiving  of  bids  for  same. 

§ 353-  (2)  Medicines  — distribution  — Said  medicinal 

tablets  and  medicines  not  in  tablet  form  furnished  as  aforesaid 
shall  be  delivered  as  required  to  the  Health  Officer  of  the  City  of 
Newport,  and  he  shall  distribute  same  to  the  District  Physicians  of 
the  City  of  Newport  as  needed  by  them,  and  all  extras  furnished 
as  aforesaid  shall  be  delivered  to  the  person  demanding  same  only 
upon  the  written  order  of  the  said  Health  Officer. 

§ 354-  (3)  Health  officer  to  keep  record. — The  said 

Health  Officer  shall  keep  a record  of  the  distribution  of  said  me- 
dicinal tablets  and  medicines  not  in  tablet  form,  and  a record  of  all 
extras  furnished  upon  his  order,  and  shall  make  monthly  reports 
of  same  to  the  General  Council. 


PUBLIC  WORK. 

An  Ordinance  providing  for  the  protection  and  employment  of  home  labor 
in  and  upon  all  public  work  and  improvements  awarded  under  contract 
by  the  City  of  Newport.  (Approved  March  2,  1898.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§ 355-  (0  PIome  labor  on  public  work. — That  in  all 

plans  and  specifications  and  bids  for  proposals  for  the  doing  of 
any  public  work  or  improvements  for  and  on  behalf  of  the  City  of 
Newport,  and  in  all  contracts  awarded  by  said  city  upon  such 
plans  and  specifications  or  bids,  there  shall  be  inserted  and  made 
a part  of  same,  a provision  requbing  the  successful  bidder  and 
contractor  thereunder  employing  union  labor,  to  give  preference 
at  all  times  to  such  labor  that  is  resident  in  said  city  when 
practicable.  (Section  as  amended  by  ordinance  of  March  23, 
1898.) 

§ 356.  (2)  Labor — bond  of  contractor  to  secure  wages. 

— That  in  all  bonds  given  by  any  such  contractor  to  said  city  to 


General  Ordinances 


285 


§§  357—359-  Sewers— Districts. 


secure  the  faithful  performance  of  such  contract,  there  shall  be 
inserted  an  obligation  conditioned  that  the  contractor  shall  be  liable 
for  and  pay  all  wages  and  earnings  due  to  and  on  account  of 
labor  employed  by  and  furnished  to  such  contractor  in  or  upon  the 
said  work  or  improvements  embraced  by  the  contract. 


Joint  Resolution.  (Approved  August  6,  1902.) 

§ 357-  Public  improvement  — bidders  — certified  check 
with  bid. — Be  it  Resolved , That  from  and  after  the  passage  of 
this  resolution,  bidders  for  any  public  improvement  are  required 
to  furnish  with  their  respective  bids  a certified  check  representing 
at  least  5 per  cent,  of  the  total  amount  of  their  bid,  as  a guarantee 
that  they  will  enter  into  a contract  with  the  City  of  Newport  with 
good  and  approved  securities  within  ten  days  after  the  contract  be 
awarded  them  by  said  city. 


SEWERS. 

An  Ordinance  dividing  the  City  of  Newport,  Ky.,  into  sewerage  districts, 
and  describing  their  boundaries.  (Passed  May  19,  1892.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the  City 
of  Newport , Ky. 

§ 358-  (1)  Sewer  DISTRICTS. — That  the  City  of  Newport  be 

and  the  same  is  hereby  divided  into  sewerage  districts  pursuant 
to  an  act  entitled  “An  act  to  provide  for  sewerage  in  the  City  of 
Newport,”  approved  April  16,  1890.  (See  Sewer  4ft,  page  168 , 
and  Note.) 

§ 359-  (2)  Boundaries.— That  said  districts  shall  consist 

of  and  be  five  in  number,  to  be  known  as  Districts  “A,”  “B,” 
‘ C,”  “D”  and  “E,”  and  shall  be  bounded  and  described  as 
follows : 


286 


General  Ordinances. 


§ 359.  Sewers — District  A. 


BOUNDARY  OE  DISTRICT  “ h” 

Beginning  at  the  Ohio  river  and  the  northeast  corner  of  the 
Newport  Manufacturing  Company’s  addition ; thence  with  the 
eastern  line  of  said  addition,  southeastwardly  to  the  southeast  cor- 
ner of  said  addition  ; thence  southwardly  along  the  east  corporation 
line  and  parallel  with  Washington  avenue,  to  the  southeastern 
corner  of  the  corporation ; then  with  the  south  corporation  line 
westwardly  to  where  the  center  line  of  an  alley  120  feet  west  of 
Park  avenue,  if  extended  southwardly,  would  intersect  same ; 
thence  northwardly  with  the  center  of  said  alley  if  extended  south- 
wardly, and  the  center  line  of  said  alley  to  where  same,  if  extended 
northwardly,  would  intersect  the  center  line  of  Tenth  street; 
thence  eastwardly  with  the  center  line  of  Tenth  street  and  Water 
Works  avenue  to  where  the  same  would  intersect  a line  parallel 
with  and  1 1 5 feet  east  of  Park  avenue ; thence  northwardly  with 
said  line  parallel  to  Park  avenue  and  1 1 5 feet  east  of  same,  to 
center  of  Sixth  street ; thence  westwardly  with  the  center  line  of 
Sixth  street  to  the  center  of  Park  avenue ; thence  northwardly  with 
the  center  of  Park  avenue  to  a point  where  the  north  line  of  lot 
No.  168,  Mansion  Hill  addition,  if  extended  eastwardly,  would 
intersect  the  same ; thence  with  said  line  extended  and  the  north 
line  of  Lot  168,  Mansion  Hill  addition,  westwardly  to  the  center 
line  of  Mcllvain  alley ; thence  with  the  center  of  Mcllvain  alley, 
northwardly  to  where  same  extended  would  intersect  the  center 
line  of  Third  street ; thence  with  the  center  line  of  Third  street, 
eastwardly  to  where  the  west  line  of  Lot  212,  Mansion  Hill  addi- 
tion, if  extended  southwardly,  would  intersect  same ; thence  with 
said  line  extended  and  the  west  line  of  Lot  212,  Mansion  Hill 
addition,  northwardly  to  the  north  line  of  said  lot  No.  212 ; thence 
eastwardly  by  a line  parallel  with  Second  street  to  the  center  line 
of  Park  avenue ; thence  with  the  center  line  of  Park  avenu"  north- 
wardly to  where  the  same  would  intersect  the  center  line  of  the 
alley  along  the  northern  boundary  of  Washington  avenue  addition, 
if  extended  eastwardly ; thence  with  the  center  line  of  said  alley 
extended  and  said  allev  westwardly  to  where  the  west  line  of  lot 


General  Ordinances. 


287 


§§  359*  Sewers — District  B. 


No.  16,  Newport  Manufacturing  Company’s  addition,  if  extended 
southwardly  would  intersect  same ; thence  by  said  line  if  extended, 
and  the  said  west  line  of  lot  No.  16,  Newport  Manufacturing  Com- 
pany’s addition,  northwardly  and  extended  across  First  street  and 
to  the  Ohio  river ; thence  eastwardly  along  the  Ohio  river  to  the 
place  of  beginning. 

BOUNDARY  OF  DISTRICT  “ B.” 

Commencing  at  the  Ohio  river  at  the  northwest  corner  of 
Sewerage  District  “ A ” ; thence  southwardly  with  the  west  line 
of  lot  No.  16,  Newport  Manufacturing  Company’s  addition,  ex- 
tended, and  with  the  west  line  of  said  lot  No.  16,  Newport  Manu- 
facturing Company’s  addition,  to  where  the  same,  if  extended 
southwardly,  would  intersect  the  center  line  of  the  alley  along  the 
northern  boundary  of  Washington  Avenue  addition ; thence  with 
the  center  line  of  said  alley  eastwardly  to  where  same,  if  extended, 
would  intersect  the  center  line  of  Park  avenue ; thence  with  the 
center  line  of  Park  avenue  southwardly  to  where  the  north  line  of 
lot  No.  212,  Mansion  Hill  addition,  if  extended  eastwardly  par- 
allel with  Second  street,  would  intersect  same ; thence  westwardly 
with  said  line  extended  and  the  north  line  of  lot  No.  212,  Mansion 
Hill  addition,  to  the  west  line  of  said  lot ; thence  with  the  west 
line  of  said  lot  southwardly  to  where  same,  if  extended,  would  in- 
tersect the  center  line  of  Third  street ; thence  with  the  center  line 
of  Third  street  westwardly  to  where  the  center  line  of  Mcllvain 
alley,  if  extended  northwardly,  would  intersect  same  ; thence  south- 
wardly with  the  center  line  of  Mcllvain  alley  extended  and  the 
center  line  of  Mcllvain  alley  to  where  the  north  line  of  lot  No.  168, 
Mansion  Hill  addition,  if  extended  westwardly,  would  intersect 
same;  thence  with  said  line  extended  and  the  north  line  of  said 
lot  No.  168  extended  eastwardly  to  the  center  line  of  Park  avenue  ; 
thence  with  the  center  line  of  Park  avenue  southwardly  to  the 
center  of  Sixth  street ; thence  eastwardly  with  the  center  of  Sixth 
street  to  where  a line  parallel  to  and  115  feet  east  of  Park  avenue, 
if  extended  northwardly,  would  intersect  same ; thence  with  said 


288 


General  Ordinances. 


§359.  Sewers — District  B. 


line  southwardly  to  the  center  of  Water  Works  avenue ; thence 
with  the  center  of  Water  Works  avenue  and  Tenth  street  west  - 
wardly  to  a point  where  the  center  line  of  an  alley  120  feet  west  of 
Park  avenue,  if  extended  northwardly,  would  intersect  same ; 
thence  with  said  line  as  extended  and  with  the  center  line  of  said 
alley  extended  southwardly,  to  the  south  corporation  line ; thence 
westwardly  along  the  said  corporation  line  to  where  the  west  line 
of  lot  No.  186,  Turnpike  addition,  if  extended  southwardly,  would 
intersect  same ; thence  northwardly  with  said  line  extended  and 
the  west  line  of  lot  No.  186,  Turnpike  addition,  extended  to  the 
center  of  Eleventh  street ; thence  with  the  center  line  of  Eleventh 
street  westwardly  to  where  the  center  line  of  Weingartner  alley, 
if  extended  southwardly,  would  intersect  same ; thence  with  said 
line  as  extended  and  the  center  line  of  Weingartner  alley  north- 
wardly to  the  center  line  of  Tenth  street ; thence  eastwardly  with 
the  center  line  of  Tenth  street  to  where  the  west  line  of  lot  No.  151, 
Turnpike  addition,  if  extended  southwardly,  would  intersect  same; 
thence  with  said  line  extended  and  the  west  line  of  Lot  1 5 1 ex- 
tended northwardly  to  the  center  of  Stone  alley ; thence  with  the 
center  of  Stone  alley  westwardly  to  the  center  of  Mary  alley ; 
thence  with  the  center  line  of  Mary  alley  and  Robert  street  north- 
wardly to  a point  where  a line  parallel  to  and  62  feet  north  of 
Eighth  street,  if  extended  eastwardly,  would  intersect  same ; 
thence  with  said  line  westwardly  to  a point  90  feet  west  of  Robert 
street ; thence  with  said  line  parallel  to  Robert  street  northwardly 
to  the  south  line  of  Tapking  alley  ; thence  westwardly  with  said 
south  line  of  Tapking  alley  extended  to  a point  90  feet  west  of 
Saratoga  street ; thence  by  a line  parallel  to  Saratoga  street  south- 
wardly to  a point  150  feet  south  of  Seventh  street;  thence  west- 
wardly parallel  with  Seventh  street  to  a point  90  feet  west  of 
Dayton  street ; thence  southwardly  parallel  to  Monmouth  street,  to 
a point  67  feet  north  of  Eighth  street ; thence  by  a line  parallel  to 
Eighth  street  and  extending  westwardly  to  the  center  of  Mon- 
mouth street ; thence  southwardly  with  the  center  of  Monmouth 
street  one  ( 1 ) foot ; thence  westwardly  parallel  to  Eighth  street 
to  the  center  of  Orchard  street ; thence  with  the  center  of  Orchard 


General  Ordinances. 


289 


§ 359-  Sewers — District  C. 


street  northwardly  to  the  center  of  Sixth  street ; thence  with  the 
center  line  of  Sixth  street  westwardly  to  a point  where  a line 
parallel  to  and  207  feet  6y2  inches  west  of  Monmouth  street,  if 
extended  southwardly,  would  intersect  same ; thence  with  said 
line  parallel  to  Monmouth  street  northwardly  to  the  center  of 
James  alley ; thence  with  the  center  of  James  alley  eastwardlv  to 
where  a line  parallel  to  and  124  feet  west  of  Monmouth  street 
would  intersect  same ; thence  by  said  line  northwardly  to  center 
of  Fifth  street ; thence  with  center  line  of  Fifth  street  westwardly 
to  where  the  west  line  of  lot  No.  119,  Original  Plan,  if  extended 
southwardly,  would  intersect  same ; thence  by  said  west  line  of 
lot  No.  1 19,  Original  Plan,  extended,  and  the  west  line  of  said 
lot  No.  1 19  and  the  west  line  of  lot  No.  74,  Original  Plan,  ex- 
tended northwardly  to  the  center  line  of  Southgate  street ; thence 
westwardly  with  the  center  of  Southgate  street  to  where  a line 
parallel  to  and  167  feet  ioy2  inches  east  of  York  street  would  in- 
tersect same  ; thence  by  said  line  northwardly  to  the  center  of 
Third  street ; thence  westwardly  along  the  center  of  Third  street 
to  where  the  center  line  of  an  alley  130  feet  east  of  York  street,  if 
extended  southwardly,  would  intersect  same ; thence  by  the  center 
line  of  said  alley  northwardly  to  a point  124  feet  6 inches  north  of 
Third  street;  thence  eastwardly  parallel  with  Third  street  to  a 
point  87  feet  east  of  said  alley;  thence  northwardly  parallel  to 
Monmouth  street,  9 feet  ; thence  eastwardly  parallel  to  Third 
street,  45  feet ; thence  northwardly  parallel  with  'Monmouth  street 
to  center  of  Second  street ; thence  westwardly  with  center  of  Sec- 
ond street  to  a point  202  feet  east  of  York  street ; thence  north- 
wardly with  a line  parallel  with  York  street,  to  the  Ohio  river ; 
thence  eastwardly  along  the  Ohio  river  to  the  place  of  beginning. 

BOUNDARY  OE  DISTRICT  " C.” 

Commencing  at  the  Ohio  river  and  the  northwest  corner  of 
Sewerage  District  “ B ” ; thence  southwardly  with  a line  parallel 
to  and  202  feet  east  of  York  street  to  center  of  Second  street; 
thence  eastwardly  with  the  center  line  of  Second  street  to  a point 

(19N) 


290 


General  Ordinances 


§ 359*  Sewers — District  C. 


272  feet  east  of  York  street ; thence  southwardly  parallel  with 
York  street  to  a point  100  feet  south  of  Second  street;  thence 
westwardly  parallel  with  Second  street,  45  feet;  thence  north- 
wardly parallel  to  York  street,  9 feet;  thence  westwardly  parallel 
with  Second  street  to  center  of  an  alley  130  feet  east  of  York 
street;  thence  with  the  center  of  said  alley  extended  northwardly 
to  the  center  of  Third  street ; thence  eastwardlv  to  a point  167  feet 
io^4  inches  east  of  York  street ; thence  southwardly  from  said 
point  and  parallel  with  York  street  to  the  center  of  Southgate 
street ; thence  with  the  center  of  Southgate  street  eastwardly  to 
where  the  west  line  of  lot  No.  74,  Original  Plan,  if  extended, 
would  intersect  same ; thence  with  said  line  extended  and  the 
west  line  of  lots  No.  74  and  119,  Original  Plan,  southwardly  to 
the  center  of  Fifth  street ; thence  with  the  center  line  of  Fifth 
street  eastwardly  to  a point  124  feet  west  of  Monmouth  street; 
thence  southwardly  with  a line  parallel  to  Monmouth  street  to 
the  center  of  James  alley ; thence  with  the  center  of  James  alley 
westwardly  to  a point  207  feet  6 J4  inches  west  of  Monmouth 
street ; thence  southwardly  parallel  with  Monmouth  street  to  the 
center  line  of  Sixth  street ; thence  eastwardly  to  where  the  center 
of  Orchard  street,  if  extended  northwardly,  would  intersect  same ; 
thence  southwardly  with  the  center  of  Orchard  street  to  the  center 
line  of  Eighth  street ; thence  with  the  center  line  of  Eighth  street 
westwardly  to  where  the  center  line  of  Putnam  street,  if  extended 
southwardly,  would  intersect  same ; thence  with  the  center  line  of 
Putnam  street,  if  extended  northwardly,  to  a point  100  feet  north 
of  Eighth  street ; thence  parallel  to  Eighth  street  westwardly  to 
the  center  line  of  Columbia  street ; thence  southwardly  to  where 
the  north  line  of  lots  No.  555  and  556,  Buena  Vista  addition,  if 
extended  eastwardly,  would  intersect  same ; thence  with  said  line 
extended  and  the  north  line  of  lots  No.  555  and  556,  Buena  Vista 
addition,  westwardly  to  the  center  line  of  Ann  street ; thence  north- 
wardly with  the  center  of  Ann  street  to  a point  where  the  south 
line  of  lot  No.  35,  Mayo’s  Heirs  addition,  if  extended  eastwardly,. 
would  intersect  the  same ; thence  with  said  line  extended  and  the 
south  line  of  lot  No.  35,  Mayo’s  Heirs  addition,  westwardly  to  a; 


General  Ordinances 


291 


§ 359-  Sewers — District  D. 


point  91  feet  6 inches  west  of  Ann  street ; thence  southwardly  and 
parallel  with  Ann  street,  29  feet ; thence  westwardly  and  parallel 
with  Eighth  street  to  the  center  of  Central  avenue ; thence  with 
the  center  line  of  Central  avenue  southwardly  to  the  center  line  of 
Eighth  street';  thence  with  the  center  line  of  Eighth  street  west- 
wardly to  where  the  west  line  of  lot  No.  6,  Trustee’s  addition,  if 
extended  northwardly,  would  intersect  same ; thence  with  said  line 
extended  and  the  west  line  of  lot  No.  6,  Trustees’  addition,  south- 
wardly to  the  center  line  of  Hardy  alley ; thence  with  the  center 
of  Hardy  alley  westwardly  to  a point  100  feet  west  of  Central 
avenue ; thence  southwardly  with  a line  parallel  with  Central 
avenue  to  the  south  line  of  lot  No.  23,  Trustees’  addition ; thence 
westwardly  with  said  line,  9 feet ; thence  southwardly  and  parallel 
with  Central  avenue  to  the  center  line  of  Constans  alley ; thence 
with  the  center  line  of  Constans  alley  westwardly  across  Isabella 
and  Patterson  streets  to  where  the  west  line  of  lot  No.  132,  Trus- 
tees’ addition,  if  extended ' southwardly,  would  intersect  same; 
thence  with  said  line  extended  and  the  west  line  of  lot  No.  132, 
Trustees’  addition,  northwardly  to  the  center  of  Keturah  street; 
thence  with  the  said  center  of  Keturah  street  westwardly  to  the 
center  of  Brighton  street ; thence  northwardly  along  the  center  of 
Brighton  street  to  the  center  line  of  Powell  street;  thence  west- 
wardly with  the  center  line  of  Powell  street  to  the  west  line  of 
Lowell  street;  thence  southwardly  to  the  south  line  of  Powell 
street;  thence  westwardly  with  south  line  of  Powell  street  ex- 
tended to  the  Licking  river ; thence  northwardly  along  the  Licking 
river  to  the  Ohio  river ; thence  eastwardly  along  the  Ohio  river  to 
the  place  of  beginning. 

BOUNDARY  OB  DISTRICT  •"  D.” 

Commencing  at  the  Licking  river,  at  the  southwest  corner  of 
Sewerage  District  “ C,”  where  the  south  line  of  Powell  street,  if 
extended  westwardly,  would  intersect  same;  thence  eastwardly 
along  said  line  to  the  west  line  of  Lowell  street ; thence  north- 
wardly with  the  west  line  of  Lowell  street  to  the  center  of  Powell 


292 


General  Ordinances. 


§ 359.  Sewers — District  D. 


street ; thence  eastwardly  with  the  center  line  of  Powell  street  to 
the  center  of  Brighton  street ; thence  southwardly  with  the  center 
line  of  Brighton  street  to  the  center  of  Keturah  street ; thence  east- 
wardly with  the  center  line  of  Keturah  street  to  where  the  west 
line  of  lot  No.  132,  Trustees’  addition,  if  extended  northwardly, 
would  intersect  same  ; thence  with  said  line  extended  and  the  west 
line  of  lot  No.  132,  Trustees’  addition,  southwardly  to  the  center 
line  of  Constans  alley ; thence  eastwardly  with  the  center  line  of 
Constans  alley,  crossing  Patterson  and  Isabella  streets,  to  a point 
109  feet  west  of  Central  avenue ; thence  northwardly  parallel  with 
Central  avenue  to  the  north  line  of  lot  No.  24,  Trustees’  addition  ; 
thence  eastwardly  parallel  with  Ninth  street,  9 feet;  thence  west- 
wardly  parallel  with  Central  avenue  to  the  center  of  Hardy  alley ; 
thence  eastwardly  with  the  center  of  Hardy  alley  to  where  the 
east  line  of  lot  No.  7,  Trustees’  addition,  if  extended  southwardly, 
would  intersect  same  ; thence  with  the  said  line  extended  and  the 
east  line  of  lot  No.  7,  Trustees’  addition,  northwardly  to  the  center 
of  Eighth  street ; thence  with  the  center  of  Eighth  street  east- 
wardly to  the  center  of  Central  avenue ; thence  with  the  center 
line  of  Central  avenue  northwardly  to  a point  53  feet  north  of 
Eighth  street  ; thence  eastwardly  parallel  with  Eighth  street  to  a 
point  91  feet  6 inches  east  of  Central  avenue ; thence  northwardly 
parallel  with  Central  avenue,  29  feet;  thence  eastwardly  to  the 
center  of  Ann  street ; thence  southwardly  with  the  center  of  Ann 
street  to  where  the  south  line  of  lot  No.  24,  Mayo’s  Heirs  addition, 
if  extended  westwardly,  would  intersect  same ; thence  with  said 
line  extended  and  the  south  line  of  lots  No.  24  and  12,  Mayto’s 
Heirs  addition,  eastwardly  to  the  center  of  Columbia  street ; thence 
with  the  center  of  Columbia  street  northwardly  to  a point  100  feet 
north  of  Eighth  street ; thence  parallel  with  Eighth  street  east- 
wardly to  the  center  of  Putnam  street ; thence  southwardly  with 
the  center  of  Putnam  street  to  the  center  of  Eighth  street ; thence 
eastwardly  with  the  center  of  Eighth  street  to  the  center  of  Or- 
chard sreet ; thence  northwardly  with  the  center  of  Orchard  street 
to  where  the  north  line  of  lots  No.  12,  Mayo’s  addition,  if  extended 


General  Ordinances. 


293 


§ 359-  Sewers — District  D. 


westwardly,  would  intersect  same ; thence  with  said  line  extended 
and  the  north  line  of  lot  No.  12,  Mayo’s  addition,  eastwardlv  to 
the  center  of  Monmouth  street ; thence  with  the  center  of  Mon- 
mouth street  southwardly  to  where  a line  parallel  with  and  57  feet 
north  of  Eighth  street  would  intersect  same ; thence  eastwardlv 
parallel  with  Eighth  street  to  a point  90  feet  east  of  Monmouth 
street ; thence  northwardly  parallel  with  Monmouth  street  to  the 
south  line  of  lot  No.  254,  Bellevue  addition ; thence  eastwardly 
with  said  south  line  of  lot  No.  254,  across  *Dayton  street,  and 
with  the  south  line  of  lot  No.  243,  Bellevue  addition,  to  the  west 
line  of  lot  No.  226,  Bellevue  addition ; thence  northwardly  par- 
allel writh  Saratoga  street  to  the  south  line  of  lot  No.  224,  Belle- 
vue addition ; thence  eastwardly  with  said  line  across  Saratoga 
street  and  along  the  south  line  of  Tapking  alley  to  the  east  line  of 
lot  No.  216,  Bellevue  addition  ; thence  with  the  east  line  of  said 
lot  No.  216  extended  southwardly  parallel  with  Saratoga  street  to 
the  south  line  of  lot  No.  204,  Bellevue  addition ; thence  eastwardlv 
with  the  line  of  said  lot  No.  204  extended  to  the  center  line  of 
Robert  street ; thence  southwardly  with  the  center  of  Robert  street 
and  Mary  alley  to  the  center  of  Stone  alley  ; thence  eastwardly  with 
the  center  line  of  Stone  alley  to  where  the  west  line  of  lot  No.  1 5 1 , 
Turnpike  addition,  if  extended  northwardly,  would  intersect  same ; 
thence  with  said  line  extended  and  the  west  line  of  lot  No.  151, 
Turnpike  addition,  extended  southwardly  to  the  center  of  Tenth 
street ; thence  westwardly  with  the  center  line  of  Tenth  street  to 
where  the  center  line  of  Weingartner  alley,  if  extended  north- 
wardly, would  intersect  same ; thence  with  the  center  of  Wein- 
gartner alley  southwardly  to  the  center  of  Eleventh  street ; thence 
eastwardly  with  the  center  of  Eleventh  street  to  where  the  west 
line  of  lot  No.  186,  Turnpike  addition,  if  extended  northwardly, 
would  intersect  same ; thence  with  said  line  extended  and  the  west 
line  of  said  lot  No.  186,  extended  southwardly  to  the  center  of  the 
alley  at  the  south  side  of  Turnpike  addition ; thence  eastwardly 
with  the  center  of  said  alley  to  where  the  east  corporation  line,  if 
extended  northwardly,  would  intersect  same ; thence  by  said  line 


294 


General  Ordinances 


§ 359*  Sewers — District  D. 


extended  and  the  east  corporation  line  southwardly  to  a point  200 
feet  from  the  intersection  of  the  east  line  of  Washington  avenue 
extended,  with  the  south  line  of  Barry  avenue ; thence  southwest- 
wardly  with  the  corporation  line  to  the  east  side  of  Monmouth 
street ; thence  southwardly  to  a point  where  the  south  side  of 
Fourteenth  street,  if  extended  eastwardly  would  intersect  same ; 
thence  with  the  south  side  of  Fourteenth  street  westwardly  to  a 
point  where  the  east  line  of  lot  No.  4,  K.  M.  Williamson's  addition, 
if  extended  southwardly,  would  intersect  same ; thence  with  said 
line  extended  and  the  east  line  of  said  lot  No.  4,  northwardly  to 
the  center  of  Thirteenth  street ; thence  with  the  center  line  of  Thir- 
teenth street  westwardly  to  where  the  east  line  of  lot  No.  14,  K.  M. 
Williamson’s  addition,  if  extended  southwardly,  would  intersect 
same ; thence  with  said  line  extended  and  the  east  line  of  lot 
No.  14,  K.  M.  Williamson’s  addition,  extended  northwardly  to 
the  center  of  Twelfth  street ; thence  with  the  center  line  of  Twelfth 
street  westwardly  to  a point  92  feet  9 inches  east  of  York  street ; 
thence  northwardly  parallel  with  York  street  to  the  south  line  of 
lot  No.  284,  Buena  Vista  addition ; thence  westwardly  with  the 
south  line  of  said  lot  extended  across  York  street,  Putnam  street, 
Columbia  street  and  Ann  street,  to  a point  91  feet  6 inches  west  of 
Ann  street ; thence  southwardly  to  the  south  line  of  lot  No.  739, 
Buena  Vista  addition ; thence  with  said  line  westwardly  and  ex- 
tended across  Central  avenue  to  the  center  of  German  street ; 
thence  southwardly  to  where  the  south  line  of  lot  No.  718,  Trus- 
tees’ addition,  if  extended  eastwardly,  would  intersect  same ; 
thence  with  said  line  extended  and  the  south  line  of  said  lot 
No.  718,  westwardly  to  the  center  line  of  Isabella  street;  thence 
with  the  center  line  of  Isabella  street  southwardly  to  where  the 
center  line  of  Gosney  alley,  if  extended  eastwardly,  would  inter- 
sect same ; thence  with  said  center  of  Gosney  alley  westwardly  and 
extended  across  Patterson  street  and  Brighton  street  to  the  center 
of  Lowell  street ; thence  -with  the  center  of  Lowell  street  north- 
wardly 11  feet ; thence  westwardly  and  parallel  with  Twelfth  street 
to  the  Licking  river ; thence  northwardly  with  the  Licking  river 
to  the  place  of  beginning. 


General  Ordinances. 


295 


§ 359-  Sewers — District  E. 


BOUNDARY  OE  DISTRICT  “ 

Beginning  at  the  Licking  river  at  a point  119  feet  north  of 
where  the  north  line  of  Twelfth  street,  if  extended  westwardly, 
would  intersect  same ; thence  eastwardly  parallel  with  Twelfth 
street  to  the  center  of  Lowell  street;  thence  with  the  center  of 
Lowell  street  northwardly  to  where  the  center  line  of  Gosney  alley, 
if  extended,  would  intersect  same ; thence  with  the  center  of 
Gosney  alley  eastwardly  to  the  center  of  Isabella  street ; thence 
with  the  center  of  Isabella  street  northwardly  to  where  the  north 
line  of  lot  No.  719,  Trustees’  addition,  if  extended  westwardly, 
would  intersect  same ; thence  eastwardly  along  said  line  extended 
and  the  north  line  of  lot  No.  719,  Trustees’  addition,  extended  to 
the  center  of  German  street,  northwardly  to  where  the  north  line 
of  lot  No.  732,  Trustees’  addition,  if  extended  westwardly,  would 
intersect  same ; thence  by  said  line  extended  and  the  north  side  of 
lot  No.  732,  eastwardly  across  Central  avenue  and  along  the  north 
line  of  Lot  740,  Buena  Vista  addition,  to  a point  91  feet  6 inches 
east  of  Central  avenue ; thence  northwardly  parallel  with  Central 
avenue  to  the  north  line  of  lot  No.  634,  Buena  Vista  addition ; 
thence  along  the  north  line  of  said  lot,  eastwardly  and  parallel 
with  Eleventh  street,  across  Ann  street,  Columbia  street,  Putnam 
street  and  York  street,  to  a point  92  feet  9 inches  east  of  York 
street ; thence  southwardly  parallel  with  York  street  to  the  center 
of  Liberty  street,  to  a point  where  the  east  line  of  lot  No.  14,  K.  M. 
Williamson’s  addition,  if  extended  northwardly,  would  intersect 
same ; thence  southwardly  by  said  line  extended  and  the  east  line 
of  lot  No.  14,  K.  M.  Williamson’s  addition,  extended  to  the  center 
of  Thirteenth  street;  thence  with  the  center  line  of  Thirteenth 
street  eastwardly  to  where  the  east  line  of  lot  No.  4,  K.  M.  Wil- 
liamson’s addition,  if  extended  northwardly,  would  intersect  same ; 
thence  southwardly  with  said  line  extended  and  the  east  line  of 
lot  No.  4,  K.  M.  Williamson’s  addition,  extended  to  the  south  line 
of  Fourteenth  street,  the  south  corporation  line;  thence  with  the 
south  corporation  line  westwardly  to  where  the  west  line  of  Cen- 
tral avenue,  the  corporation  line,  if  extended  southwardly,  would 


296 


General  Ordinances. 


§§  360 — 363.  Sewers — Ordering  District  A. 


intersect  same ; thence  with  the  west  line  of  Central  avenue  north- 
wardly to  the  south  line  of  the  Trustees’  addition,  a south  cor- 
poration line;  thence  with  said  south  line  of  Trustees’  addition 
westwardly  to  the  Licking  river ; thence  down  the  Licking  river  to 
the  place  of  beginning. 

§ 360.  (3)  Plats. — The  accompanying  plat,  which  shall  be 

marked  by  the  City  Engineer  and  the  City  Clerk  and  forever 
remain  on  file  in  the  City  Engineer’s  office  of  the  City  of  Newport, 
and  be  the  property  of  the  said  city,  shall  be  a part  hereof,  said 
plat  shall  be  marked,  “Plat  of  Sewerage  System  and  Districts  of 
the  City  of  Newport,  Kentucky.” 


An  Ordinance  ordering  and  providing  for  the  sewering  of  District  “A”  of 
the  sewer  districts  in  the  City  of  Newport,  Ky.  (Passed  February  8, 
1894.). 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the 
City  of  Newport , Ky. 

§361.  (1)  District  “A” — ordered  sewered. — That  Dis- 

trist  “A”  of  the  sewer  districts  of  the  City  of  Newport,  Kentucky, 
be  sewered,  and  the  same  is  hereby  ordered  sewered,  pursuant  to 
the  provisions  of  an  act  entitled  “An  act  to  provide  for  sewerage 
in  the  City  of  Newport,”  approved  April  16,  1890. 

§362.  (2)  Plans  and  specifications  — estimate. — The 

City  Engineer  shall  report  all  plans  and  specifications  for  the 
sewering  of  District  “A”  and  an  estimate  of  the  cost  of  same  as 
an  entirety,  and  also  an  estimate  of  the  rate  of  tax  on  the  one 
hundred  dollars  valuation  according  to  the  assessed  valuation  of 
real  estate  in  the  district,  it  will  require  each  year  for  twenty  years 
to  pay  interest  at  the  rate  of  five  per  cent,  on  the  unpaid  part  of, 
and  one-twentieth  of  the  whole  cost. 

§ 363.  (3)  Assistants. — Consulting  Engineer  and  assist- 

ants can  be  employed  by  the  City  Engineer,  by  and  with  the  con- 
sent of  the  Board  of  Councilmen  as  to  the  number  thereof  and 


General  Ordinances. 


297 


§§  364 — 367.  Sewers — Ordering  Districts  B and  C. 


pay  of  same,  said  expense  to  be  included  as  a part  of  the  cost  of 
building  the  said  sewers. 


An  Ordinance  ordering  and  providing  for  the  sewering  of  District  “B”  of 
the  sewer  districts  in  the  City  of  Newport,  Ky.  (Passed  May  19,  1892.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilman  of  the 
City  of  Newport,  Ky. 

§364.  (1)  District  “B” — ordered  sewered. — That  Dis- 

trict “B”  of  the  sewer  districts  of  the  City  of  Newport,  Kentucky, 
be  sewered,  and  the  same  is  hereby  ordered  sewered,  pursuant  to 
the  provisions  of  an  act  entitled  “An  act  to  provide  for  sewerage 
in  the  City  of  Newport,”  approved  April  16,  1890. 

§365.  (2)  Plans  and  specifications  — estimate. — The 

City  Engineer  shall  report  all  plans  and  specifications  for  the 
sewering  of  District  “B”  and  an  estimate  of  the  cost  of  same  as 
an  entirety,  and  also  an  estimate  of  the  rate  of  tax  on  the  one  hun- 
dred dollars  valuation,  according  to  the  assessed  valuation  of  real 
estate  in  the  district,  it  will  require  each  year  for  twenty  years 
to  pay  interest  at  the  rate  of  five  per  cent,  on  the  unpaid  part  of, 
and  one-twentieth  of  the  whole  cost. 

§366.  (3)  Assistants. — Consulting  Engineer  and  assistants 
can  be  employed  by  the  City  Engineer,  by  and  with  the  consent  of 
the  Board  of  Councilmen  as  to  the  number  thereof  and  pay  of 
same,  said  expense  to  be  included  as  a part  of  the  cost  of  building 
the  said  sewers. 


An  Ordinance  ordering  and  providing  for  the  sewering  of  District  “C”  of 
the  sewer  districts  in  the  City  of  Newport,  Ky.  (Passed  September  8, 
1892.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the 
City  of  Nezvport,  Ky. 

§367.  (1)  District  “C” — ordered  sewered. — That  Dis- 

trict “C”  of  the  sewer  districts  of  the  City  of  Newport,  Kentucky, 


298 


General  Ordinances. 


§§  368 — 371.  Sewers — Ordering  District  D. 


be  sewered,  and  the  same  is  hereby  ordered  sewered,  pursuant  to 
the  provisions  of  an  act  entitled  “An  act  to  provide  for  sewerage 
in  the  City  of  Newport,”  approved  April  16,  1890. 

§368.  (2)  Plans  and  specifications  — estimate. — The 

City  Engineer  shall  report  all  plans  and  specifications  for  the 
sewering  of  District  “C”  and  an  estimate  of  the  cost  of  same  as 
an  entirety,  and  also  an  estimate  of  the  rate  of  tax  on  the  one 
hundred  dollars  valuation  according  to  the  assessed  valuation  of 
real  estate  in  the  district,  it  will  require  each  year  for  twenty  years 
to  pay  interest  at  the  rate  of  five  per  cent,  on  the  unpaid  part  of, 
and  one-twentieth  of  the  whole  cost. 

§369-  (3)  Assistants. — Consulting  Engineer  and  assistants 
can  be  employed  by  the  City  Engineer,  by  and  with  the  consent 
of  the  Board  of  Councilmen  as  to  the  number  thereof  and  pay  of 
same,  said  expense  to  be  included  as  a part  of  the  cost  of  building 
the  said  sewers. 


An  Ordinance  ordering  and  providing  for  the  sewering  of  District  “D”  of 
the  sewer  districts  in  the  City  of  Newport,  Ky.  (Passed  May  19,  1892.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the 
City  of  Newport,  Ky.: 

§ 370.  ( 1 ) District  “D” — ordered  sewered. — That  Dis- 
trict “D”  of  the  sewer  districts  of  the  City  of  Newport,  Kentucky, 
be  sewered,  and  the  same  is  hereby  ordered  sewered,  pursuant  to 
the  provisions  of  an  act  entitled  “An  act  to  provide  for  sewerage 
in  the  City  of  Newport,”  approved  April  16,  1890. 

§371.  (2)  Plans  and  specifications  — estimate. — The 

City  Engineer  shall  report  all  plans  and  specifications  for  the 
sewering  of  District  “D”  and  an  estimate  of  the  cost  of  same  as 
an  entirety,  and  also  an  estimate  of  the  rate  of  tax  on  the  one 
hundred  dollars  valuation  according  to  the  assessed  valuation  of 
real  estate  in  the  district,  it  will  require  each  year  for  twenty  years 


General  Ordinances. 


299 


§§  372 — 375.  Sewers — Ordering  District  E 


to  pay  interest  at  the  rate  of  five  per  cent,  on  the  unpaid  part  of, 
and  one-twentieth  of  the  whole  cost. 

§ 3 72.  (3)  Assistants. — Consulting  Engineer  and  assistants 

can  be  employed  by  the  City  Engineer,  by  and  with  the  consent 
of  the  Board  of  Councilmen  as  to  the  number  thereof  and  pay  of 
same,  said  expense  to  be  included  as  a part  of  the  cost  of  building 
the  said  sewers. 


An  Ordinance  ordering  and  providing  for  the  sewering  of  District  “E”  of 
the  sewer  districts  in  the  City  of  Newport,  Ky.  (Passed  February  8 
1894.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the  City 
of  Newport , Ky. 

§ 373-  (J)  District  “E” — ordered  sewered. — That  Dis- 

trict “E”  of  the  sewer  districts  of  the  City  of  Newport,  Kentucky, 
be  sewered,  and  the  same  is  hereby  ordered  sewered,  pursuant  to 
the  provisions  of  an  act  entitled  “An  act  to  provide  for  sewerage 
in  the  City  of  Newport,”  approved  April  16,  1890. 

§374.  (2)  Plans  and  specifications  — estimate. — The 

City  Engineer  shall  report  all  plans  and  specifications  for  the 
sewering  of  District  “E”  and  an  estimate  of  the  cost  of  same  as 
an  entirety,  and  also  an  estimate  of  the  rate  of  tax  on  the  one 
hundred  dollars’  valuation  according  to  the  assessed  valuation  of 
real  estate  in  the  district,  it  will  require  each  year  for  twenty  years 
to  pay  interest  at  the  rate  of  five  per  cent,  on  the  unpaid  part  of, 
and  one-twentieth  of  the  whole  cost. 

§ 375-  (3)  Assistants. — Consulting  Engineer  and  assistants 
can  be  employed  by  the  City  Engineer,  by  and  with  the  consent 
of  the  Board  of  Councilmen  as  to  the  number  thereof  and  pay  of 
same,  said  expense  to  be  included  as  a part  of  the  cost  of  building 
the  said  sewers. 


300 


General  Ordinances. 


§§  376 — 378.  Sewers — Regulations. 


An  Ordinance  regulating  the  construction  of  private  drains  and  their 
connection  wit.h  the  public  sewers.  (Approved  January  4,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 376.  ( 1 ) Sewer  connections — permit. — That  no  private 

drains  shall  be  laid  in  the  streets  or  other  public  ways  of  the  City 
of  Newport,  nor  connection  made  with  any  public  sewer,  without 
the  written  permission  of  the  Superintendent  of  Public  Works, 
and  any  drain  laid  or  connection  or  opening  made  for  the  purpose 
of  connecting  with  any  public  or  private  sewer  without  such  per- 
mission, or  in  any  way  different  from  the  mode  prescribed  by  the 
rules  and  regulation  governing  such  work,  shall  subject  the  person 
or  persons  doing  the  work  and  the  owner  of  the  premises  directing 
it,  to  a penalty  hereinafter  prescribed. 

§377.  (2)  Permit  — conditions. — The  Superintendent  of 

Public  Works  is  hereby  authorized  to  grant  such  permits  as  he 
shall  deem  proper  for  allowing  persons  to  make  connections  with 
the  public  and  private  sewers.  Provided,  however , that  the  permit 
shall  be  granted  only  on  the  express  condition  that  the  owner  or 
tenant  for  whose  benefit  such  connection  is  made  shall,  in  con- 
sideration of  the  privilege  thereby  granted  and  enjoyed,  hold  the 
City  of  Newport  harmless  from  any  loss  or  damage  that  may  in 
any  way  result  from  or  be  occasioned  by  such  connection  or  in 
making  same. 

§37^-  (3)  Persons  licensed,  qualifications  oe  — li- 

cense Fee. — No  person  shall  be  authorized  or  licensed  by  the 
Superintendent  of  Public  Works  to  do  the  work  of  making  con- 
nections with  any  of  the  public  or  private  sewers,  until  he  has 
furnished  the  said  Superintendent  with  satisfactory  evidence  that 
he  is  qualified  for  the  duties  he  undertakes,  and  previous  to  being 
authorized  or  licensed  by  said  Superintendent,  the  party  shall  file 
a bond  in  the  office  of  said  Superintendent  in  such  sum  as  may  be 
designated  by  said  Superintendent,  not,  however,  less  than  five 
hundred  dollars,  with  two  or  more  sureties  to  be  approved  by  said 
Superintendent,  conditioned  that  he  will  indemnify  and  save 


General  Ordinances. 


301 


§§  379 — 381.  Sewers — Regulations. 


harmless  the  city  from  all  loss  or  damage  that  may  be  occasioned 
in  any  way  accidental  or  by  the  want  of  skill  or  care  on  his  part 
in  the  prosecution  of  such  work,  or  that  may  be  occasioned  by 
reason  of  any  opening  by  him,  made  or  caused  to  be  made  in  any 
street  or  public  way  in  the  making  of  any  connection  with  any 
public  or  private  sewer  as  aforesaid,  and  conditioned  also  that 
he  will  promptly  at  the  proper  time  replace  and  restore  the  street 
over  such  opening  to  as  good  state  and  conditions  as  he  found  it 
previous  to  the  opening  of  same,  and  that  he  will  conform  in  all 
respects  to  the  rules  and  regulations  which  may  be  from  time  to 
time  established  in  relation  to  laying  drains  and  making  connec- 
tions with  public  and  private  sewers  and  drains  ; and  provided 
further,  that  the  license  herein  required  shall  not  be  issued  until 
after  the  payment  of  ten  dollars  into  the  City  Treasury  for  same, 
and  said  license  shall  be  dated  as  of  the  first  of  May  in  each  year, 
and  continue  for  the  period  of  one  year  thereafter ; it  shall  not  be 
transferable,  and  the  revenue  derived  therefrom  shall  be  set  aside 
to  and  form  a part  of  the  street  fund  of  said  city.  (Section  as 
amended  by  ordinance  of  May  12,  1898;  the  original  section  zms 
amended  by  ordinance  of  January  30,  1893.) 

§379.  (4)  Drains  — how  constructed. — All  drains  con- 

necting with  the  public  or  private  sewers  shall  be  so  constructed 
as  to  allow  of  effectual  flushing  with  water  to  keep  same  pure  and 
unobstructed. 

§380.  (5)  Connection  — notice. — After  a permit  has 

been  issued,  notice  in  writing  must  in  all  cases  be  left  at  the  office 
of  the  Superintendent  of  Public  Works  by  the  person  who  is  about 
to  make  connection  with  any  sewer,  stating  the  time  when  such 
work  will  be  ready  for  inspection  previous  to  making  said  con- 
nection. Notice  must  be  left  between  9 a.  m.  and  4 p.  m.  on  the 
day  previous  to  making  such  connection. 

§ 381.  (6)  Penalty. — Any  person  authorized  or  licensed  to 

lay  private  drains  or  make  connections  with  public  sewers,  who 
shall  be  guilty  of  any  violation  of  the  provisions  of  this  ordinance, 
shall  be  immediately  deprived  of  his  license ; and  any  person  guilty 


302 


General  Ordinances. 


§ 382 — 387.  Sewers — Regulations. 


of  a violation  of  any  of  the  provisions  of  this  ordinance  shall,  upon 
conviction  in  the  police  court,  be  fined  in  any  sum  not  less  than 
five  dollars  nor  more  than  twenty  dollars  and  costs. 

§ 382.  (7)  Rules  and  regulations. — The  Superintendent 

of  Public  Works  is  authorized  to  make  such  rules  and  regulations 
not  inconsistent  with  this  ordinance  for  the  regulation  of  laying 
private  drains  and  making  connection  with  the  public  sewers,  and 
alter  and  amend  same  from  time  to  time,  as  may  be  necessary. 
(See  Section  388.) 


An  Ordinance  relating  to  sewer  connections  with  private  sewer  drains  in 
the  City  of  Newport,  Ky.  (Approved  February  23,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§383.  (1)  Sewer  connections  — permit. — That  all  per- 

sons desiring  to  have  sewer  connections  made  by  private  drains 
with  the  public  sewers  shall  first  obtain  from  the  Superintendent 
of  Public  Works  a permit  therefor,  and  no  connections  shall  be 
made  without  said  permit  first  having  been  obtained. 

§384.  (2)  Permit  EEE. — The 'Superintendent  of  Public 

Works  shall  issue  said  permits  provided  for  in  Section  1 hereof 
upon  payment  to  the  City  of  Newport  of  the  sum  of  [one  dollar]. 
(Words  in  brackets  by  amendment  by  ordinance  of  June  28,  1898. ) 

§ 385*  (3)  Penalty. — Any  person  making  connection  with 

private  drains  and  the  public  sewers  without  first  having  obtained 
a license  therefor  shall  be  fined,  upon  conviction,  in  any  sum  nor 
exceeding  fifteen  dollars  and  costs  of  prosecution. 

§386.  (4)  Permits  — whom  required  oe. — The  permits 

herein  provided  for  shall  be  required  of  the  owners,  lessees  or 
agents  of  the  real  estate  connected  with  the  public  sewers,  and 
shall  not  be  construed  to  be  the  license  required  of  sewer  tappers 
for  the  prosecution  of  their  business  as  such. 

§ 3S7.  (5)  Fees  — PURPOSE  oe. — The  fund  derived  from 


General  Ordinances. 


303 


§ 388.  Sewers — Rules. 


the  issue  of  permits  herein  provided  for  shall  be  for  the  main- 
tenance of  the  government  of  the  city,  and  shall  be  set  aside  to, 
and  form  a part  of,  the  street  fund  of  the  city,  and  shall  be  used 
to  pay  the  inspectors  of  sewer  connections. 


An  Ordinance  adopting  and  prescribing  rules  and  regulations  for  the  con- 
struction of  private  sewers  and  drains  and  their  connection  with  the 
public  sewers.  (Approved  April  9,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§388.  (1)  Sewer  connections  — rules  and  regula- 

tions.— That  the  following  rules  and  regulations,  prepared  and 
recommended  by  the  Superintendent  of  Public  Works  and  City 
Civil  Engineer,  shall  be  adopted,  and  regulate  and  govern  the  con- 
struction of  all  private  sewers  and  drains  and  their  connections 
with  the  public  sewers  in  the  City  of  Newport.  Ky. : 

RULE  ONE. 

No  privy  vault  shall  be  connected  with  the  public  sewers. 

RULE  TWO. 

All  sewer  pipe  for  house  connections  or  private  sewers  shaft 
be  six  inches  in  diameter,  and  no  variation  from  this  size  shall  be 
allowed  without  the  written  permission  of  the  Superintendent  of 
Public  Works,  upon  the  recommendation  of  the  City  Civil  Engi- 
neer, and  under  no  consideration  whatever  shall  any  pipe  be  taken 
out  of  a pipe  sewer  or  a hole  cut  in  a brick  sewer  for  the  inser- 
tion of  a branch  or  slant  without  the  written  permission  of  the 
Superintendent  of  Public  Works. 

RULE  three. 

All  private  sewers  and  house  connections  shall  be  laid  in  strict 
conformity  with  the  specifications  for  constructing  sewers  now  on 
file  in  the  City  Civil  Engineer’s  office.  All  material  used  shall  be 


304 


General  Ordinances. 


§ 388.  Sewers — Rules. 


of  the  standard  required  by  said  specifications,  and  before  any 
material  is  used  it  shall  be  inspected  by  the  Superintendent  of 
Public  Works  or  a duly  authorized  inspector,  and  any  material 
rejected  must  be  removed  from  the  work  and  not  allowed  to  be 
used. 

RULE  EOUR. 

Wherever,  in  the  judgment  of  the  Superintendent  of  Public 
Works,  the  soil  is  not  of  a suitable  nature  to  properly  sustain 
stone  sewer  pipe,  iron  soil  pipe,  extra  heavy,  shall  be  used,  and 
the  joints  shall  be  made  in  a proper  manner  by  caulking  with 
suitable  hemp  gasket  and  then  filling  the  joint  with  melted  lead. 

rule  Eive. 

The  line  of  the  trench  to  be  opened  will  be  indicated  by  the 
Superintendent  of  Public  Works.  In  all  cases,  whenever  prac- 
ticable, the' alignment  and  grade  shall  be  straight.  The  contractor 
shall  use  all  diligence  in  opening  the  trenches,  so  as  to  prevent 
unnecessary  obstruction  of  the  street.  When  he  is  ready  to  make 
connection  with  the  sewer,  the  Superintendent  of  Public  Works 
must  be  notified  in  writing,  and  he  or  a duly  authorized  inspector 
shall  be  present  during  the  laying  of  the  pipe  to  the  property  line. 
Pipe  laid  inside  property  line  may  be  laid,  but  before  being  cov- 
ered shall  be  subject  to  same  inspection.  In  no  case  shall  any  pipe 
be  covered  before  having  been  properly  inspected. 

RULE  Six. 

The  re-filling  shall  be  done  in  such  a manner  as  may  be 
ordered  by  the  Superintendent  of  Public  Works  or  a duly  author- 
ized inspector. 

rule  seven. 

These  regulations  shall  apply  to  all  or  any  part  of  a sewer 
connection  between  any  house  or  other  building  and  the  main 
public  sewer,  whether  on  the  public  highway  or  street,  or  on 
private  property. 


General  Ordinances. 


305 


§§  3^9 — 393-  Sewers — Rules  and  Regulations 


§ 389.  (2)  Penalty.—  Any  violation  of  any  of  the  rules 

provided  and  prescribed  in  Section  1 hereof  shall  subject  the 
offender  to  the  penalties  prescribed  in  an  ordinance  entitled,  “An 
Ordinance  regulating  the  construction  of  private  drains  and  their 
connection  with  the  public  sewer,”  approved  January  4,  1895. 


An  Ordinance  requiring  owners  of  property  abutting  upon  streets  in  the 
City  of  Newport,  wherein  public  sewers  are  built,  to  make  service  con- 
nections with  same  as  far  as  the  curb  line  of  said  property.  (Approved 
September  15,  1896.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 390.  (1)  Sewer  service  connections  — to  curb  line. — 

That  owners  of  each  and  every  piece  of  property  abutting  upon 
streets  of  the  City  of  Newport,  wherein  public  sewers  may  here- 
after be  built,  are  hereby  required  to  make  suitable  service  con- 
nections with  same  as  far  as  the  curb  line  of  said  property. 

§ 391.  (2)  Penalty. — Any  person  failing  or  refusing  to 

make  the  service  connections  as  herein  required  shall,  for  a period 
of  five  years  thereafter,  be  prohibited  from  making  same,  unless 
by  express  permission  of  the  General  Council  of  the  city,  said 
person  is  granted  the  right  so  to  do. 

§ 392-  (3)  Repealing  clause. — All  ordinances  or  parts  of 

ordinances  in  conflict  herewith  are  hereby  -repealed. 


An  Ordinance  concerning  sewer  connections  in  the  City  of  Newport,  Ky. 
(Approved  June  18,  1897.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 393-  (0  Sewer  connection  — with  manufactory. — 

That  in  all  cases  where  large  quantities  of  water  are  used  in  any 
manufactory,  business  house,  or  upon  any  property  in  the  City  of 

( 20  N ) 


3 °6 


General  Ordinances. 


§§  394 — 396*  Sewers — Rules  and  Regulations. 


Newport,  and  the  waste  water  or  liquid  waste  material  from  same 
is  run  in  large  quantities  by  draining  onto  and  upon  the  streets, 
alleys  or  commons  of  said  city,  and  in  the  opinion  of  the  Super- 
intendent of  Public  Works  it  be  necessary  for  the  proper  protec- 
tion of  the  catch  basins  and  sewer  system  to  run  said  waste  water, 
etc.,  directly  into  said  sewers,  and  such  other  property,  or  that 
upon  which  said  manufactory  or  business  house  is  located,  abuts 
a sewer  of  the  sewerage  system  of  said  city,  then,  and  in  that  case, 
upon  a.  written  notice  from  the  said  Superintendent  of  Public 
Works,  the  owner  of  said  manufactory,  business  house  or  other 
property  shall  be  required  to  make  connection  with  and  run  said 
waste  water  or  liquid  waste  material  directly  into  the  public  sewers, 
in  accordance  with  all  regulations  governing  sewer  connections. 

§ 394.  (2)  Penalty. — Any  corporation,  company  or  person 

failing  to  comply  with  the  written  order  of  the  Superintendent  of 
Public  Works,  as  provided  for  in  Section  1 hereof,  within  thirty 
days  thereafter  shall,  upon  conviction,  be  fined  in  any  sum  not 
exceeding  one  hundred  dollars  and  costs  of  prosecution,  and  the 
Superintendent  of  Public  Works  shall  proceed  to  have  said  work 
of  connection  made,  and  the  expenses  thereof  shall  be  charged  to 
said  owner  of  said  property. 

§ 395-  (3)  Repealing  clause. — That  an  ordinance  entitled, 

“An  Ordinance  concerning  sewers  in  the  City  of  Newport,  Ky,” 
approved  May  1,  1895,  be,  and  the  same  is  hereby  repealed. 


An  Ordinance  prohibiting  the  tapping  of  manholes,  catch  basins  or  flush 
tanks  connected  with  the  sewerage  system  of  the  City  of  Newport,  Kv. 
(Approved  April  25,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§396.  (1)  Tapping  op  manhole,  etc. — That  it  shall  be 

unlawful  to  tap  any  manhole,  catch  basin  or  flush  tank  connected 
with  the  sewerage  system  of  the  City  of  Newport  for  any  purpose 
whatever,  and  no  permission  therefor  shall  be  granted. 


General  Ordinances. 


307 


§§  397 — 39^  Streets — Construction. 


§ 397.  (2)  Penalty. — Any  violation  of  this  ordinance  shall 

subject  the  offender  to  a penalty,  upon  conviction,  of  not  less  than 
ten  nor  more  than  one  hundred  dollars  and  costs  of  prosecution. 


STREETS  AND  SIDEWALKS. 

An  Ordinance  prescribing  the  method  of  procedure,  governing  and  regu- 
lating the  construction  and  reconstruction  of  all  public  ways  and  side- 
walks in  the  City  of  Newport,  Ky.  (Approved  May  7,  1894.)* 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§398.  (1)  Construction — reconstruction — cost — lien 

— sidewalks. — That  the  public  ways  and  sidewalks  of  the  City 
of  Newport  shall  be  constructed  and  reconstructed,  inspected, 
accepted,  paid  for,  governed  and  regulated  under  and  by  the  fol- 
lowing procedure  : Streets,  alleys  and  other  public  ways  and  side  - 
walks,  or  parts  thereof,  shall  be  ordered  constructed  or  recon- 
structed upon  the  petition  of  the  owners  of- a majority  of  the  front 
or  abutting  feet  of  the  real  estate  on  such  proposed  improvement, 
or  without  a petition  by  a vote  of  two-thirds  of  the  members-elect 
of  each  Board  of  the  General  Council.  But  when  such  original 
construction  is  to  be  made  with  brick,  granite,  asphalt,  concrete, 
or  other  improved  material  or  paving,  it  shall  be  made  only  upon 
the  petition  of  the  owner  or  owners  of  at  least  two-thirds  of  the 
front  or  abutting  feet  of  real  estate  abutting  on  such  improve- 
ment. Original  construction  of  public  ways  shall  be  made  at  the 
exclusive  cost  of  the  owners  of  the  real  estate  abutting  on  such 
improvement ; and  such  reconstruction  of  public  ways  shall  be 
made  one-half  at  the  cost  of  the  owners  of  the  real  estate  abutting: 
on  such  improvement,  and  the  other  half  at  the  cost  of  the  city. 


* Note. — The  provision  of  this  ordinance  requiring  a contract  for  con- 
struction of  streets  to  be  let,  after  advertising,  to  lowest  and  best  bidder, 
subject  to  the  right  of  city  to  reject  any  and  all  bids,  is  binding  until  duly 
modified  or  repealed.  Fineran  vs.  Central  Bitulithic  Co.,  25  R.  876. 


3°8 


General  Ordinances. 


§ 399-  Streets — Construction. 


Such  cost  of  construction  and  reconstruction,  which  is  to  be  paid 
by  the  property  owners,  shall  be  apportioned  among  and  assessed 
upon  the  lots  or  parcels  of  lots  of  real  estate  abutting  on  such 
improvement,  according  to  the  number  of  front  or  abutting  feet. 
There  shall  be  a lien  upon  such  lots  or  parcels  of  real  estate  for 
the  part  of  the  cost  of  such  improvement  so  assessed  thereon,  and 
the  same  shall  bear  interest  from  the  time  of  the  assessment.  All 
such  liens  may  be  enforced  by  action.  The  city  shall  pay  the  cost 
of  the  improvement  of  intersections  of  public  ways.  The  cost  of 
making  sidewalks,  including  curbing,  whether  by  original  con- 
struction or  reconstruction,  shall  be  apportioned  to  the  front  foot, 
as  owned  by  the  parties  respectively  fronting  said  improvement, 
and  paid  by  them.  Such  cost  shall  be  assessed  as  the  cost  of  the 
construction  of  streets,  and  there  shall  be  a like  lien  for  such 
assessment  enforceable  in  like  manner. 

§399.  (2)  Petition  — resolution  — ordinance — adver- 

tisement— contract. — Upon  petition  of  the  property  owners 
or  by  vote  of  two-thirds  of  the  members-elect  of  both  Boards  of 
the  General  Council,  the  vote  in  each  case  being  recorded  on  the 
journals  thereof,  a resolution  shall  be  passed  declaring  said 
improvement  to  be  a necessity,  in  cases  of  improvement  by  origi- 
nal construction  with  improved  material  or  paving,  by  petition 
only  of  the  owner  or  owners  of  two-thirds  of  the  fronting  or  abut- 
ting feet  of  real  estate  on  such  improvement,  and  directing  the 
Civil  Engineer  of  the  city  to  prepare  plans  and  specifications  and 
the  estimate  of  the  cost,  and  rate  per  foot  to  be  assessed  against 
the  owners  of  real  estate  fronting  or  abutting  same,  also  the  cost 
of  the  making  of  the  intersections,  which  said  report  shall  be  con- 
curred in  by  both  Boards  of  the  General  Council,  and  thereupon 
an  ordinance  shall  be  passed  in  the  same  manner  as  said  resolu- 
tion, providing  for  said  improvement ; but  no  such  ordinance  for 
any  original  improvement  shall  pass  both  Boards  of  the  General 
Council  at  the  same  meeting,  and  at  least  two  weeks  shall  elapse 
between  the  passage  of  any  such  ordinance  from  one  Board  to  the 
other.  In  such  ordinance  providing  for  the  improvement  by  con- 
struction or  reconstruction  of  any  public  way  or  sidewalk,  or  part 


General  Ordinances. 


309 


§ 400.  Streets — Construction. 


thereof,  the  City  Civil  Engineer  shall  be  directed  to  advertise  not 
less  than  three  times  in  the  city’s  official  paper  for  proposals,  to 
be  received  at  his  office  at  12  o’clock  noon  of  a day,  not  a legal 
holiday,  to  be  fixed  by  him,  not  less  than  ten  nor  more  than  fifteen 
days  after  the  date  of  advertisement,  and  he  shall  advertise  for 
same  within  ten  days  after  the  said  ordinance  shall  have  been 
signed  by  the  Mayor.  The  proposals  for  doing  said  work  shall  be 
immediately,  at  noon  of  said  day,  opened  in  the  presence  of  the 
Mayor  and  City  Civil  Engineer,  Superintendent  of  Public  Works, 
Chairman  of  the  Improvement  Committee  of  the  Board  of  Aider- 
men,  and  Chairman  of  the  Improvement  Committee  of  the  Board 
of  Councilmen,  a majority  of  whom  shall  constitute  a quorum  for 
the  transaction  of  said  business  of  opening  said  proposals.  If  a 
majority  of  said  persons  be  not  present,  the  bids  or  proposals  shall 
not  be  opened,  but  an  adjournment  shall  be  had  to  the  following 
day  at  12  o’clock  noon,  when,  if  a quorum  of  said  Board  be  pres- 
ent, said  proposals  shall  be  opened,  otherwise  an  adjournment  as 
above  shall  be  had  from  day  to  day  until  a quorum  can  be  secured. 
Upon  opening  said  proposals,  said  committee  of  persons  above 
shall  report  their  findings  as  to  same  to  the  Board  of  the  General 
Council  which  first  convenes  in  regular  session  thereafter,  and 
said  Board,  if  the  lowest  and  best  bidder  for  same  conforming 
to  requirements  of  the  plans  and  specifications  therefor  shall  be 
within  the  estimate  for  said  proposed  work,  shall  thereupon  award 
the  contract  therefor  to  said  lowest  and  best  bidder,  and  report 
same  to  the  other  Board  of  the  General  Council,  which  shall  also 
so  award  same,  and  the  Mayor  shall  thereupon,  upon  direction  of 
the  General  Council,  enter  into  a contract  with  said  bidder  for  the 
performance  of  said  work.  The  General  Council  shall  have  the 
power  to,  and  specifications  shall  so  state,  reject  any  and  all  bids 
therefor,  in  which  case  the  City  Civil  Engineer  shall  proceed  to 
re-advertise  for  proposals  for  same. 

§ 400.  (3)  Special  tax. — The  General  Council  shall,  when 

a contract  has  been  entered  into  for  the  improvement,  by  construc- 
tion or  reconstruction,  of  any  of  the  public  ways  or  sidewalks  of 
said  city,  pass  an  ordinance  levying  a special  tax  and  assessment 


3io 


General  Ordinances. 


§ 401 — 404.  Streets — Construction. 


against  the  owners  of  the  real  estate  fronting  or  abutting  upon 
same  for  the  payment  of  said  improvement  of  the  part  of  said 
cost  to  be  paid  by  said  owners,  specifying  therein  to  whom  same 
shall  be  paid,  whether  to  the  City  Treasurer  or  contractor,  and 
when  same  shall  be  paid.  (See  Section  406.) 

§401.  (4)  Supervision  oe  superintendent  oe  public 

works  and  engineer. — The  work  of  said  contractor  shall  be 
done  under  the  supervision  of  the  Superintendent  of  Public 
Works,  together  with  the  City  Civil  Engineer ; as  to  the  part  of 
said  work  under  the  direction  of  the  said  engineer,  so  far  as  pro- 
vided in  the  plans  and  specifications,  and  so  far  as  the  duties 
ordinarily  provided  for  said  engineer  in  work  of  like  nature  and 
pursuant  to  the  charter  for  the  city. 

§402.  (5)  Permission  to  property  owners  to  improve. — 

The  General  Council  may  in  its  discretion,  upon  a petition  of  a 
majority  of  the  property  owners,  on  the  part  of  a public  way  pro- 
posed to  be  improved,  grant  them  permission  to  improve  said 
public  way  under  the  supervision  of,  and  within  such  time  as 
may  be  fixed  by,  the  Superintendent  of  Public  Works,  City  Civil 
Engineer  and  Mayor. 

§ 403.  (6)  Acceptance. — When  any  such  improvements 

have  been  made  and  the  contract  therefor  completed,  the  Super- 
intendent of  Public  Works  shall,  by  one  insertion  in  the  official 
newspaper,  give  notice  of  the  time  and  place  fixed  for  the  inspec- 
tion and  reception  of  the  work  by  the  Superintendent,  and  shall 
also  notify  the  Mayor  and  City  Civil  Engineer  of  same ; and  the 
property  owners,  their  agents  and  representatives,  may  appear 
and  be  heard  as  to  whether  such  improvements  have  been  made 
in  accordance  with  the  ordinance  authorizing  same  and  the  con- 
tract therefor,  and  he  shall  thereupon  report  to  the  General 
Council  his  acceptance  or  rejection  of  said  work,  which  shall  act 
upon  same. 

§ 404.  (7)  Ten- year  plan. — The  General  Council  may 

provide  that  any  such  work  of  construction  or  reconstruction  shall 
be  made  on  the  ten-year  plan ; and  thereupon,  when  any  such 
improvement  has  been  completed  and  accepted,  a notice  shall  be 


General  Ordinances. 


3i  1 


§§  405 — 406.  Streets — Construction. 


given,  by  publication  in  the  official  newspaper,  requiring  the  prop- 
erty owners  to  pay  the  local  taxes  levied  on  their  property ; and 
if  any  of  such  local  taxes  be  not  paid  by  such  property  owners, 
then  to  provide  a fund  for  the  immediate  payment  of  such  por- 
tion of  the  entire  cost  of  such  improvement  or  re-improvement 
the  abutting  property  holders  shall  be  liable  for,  but  may  not  pay 
in  cash,  in  conformity  with  said  notice,  the  General  Council  shall 
borrow  money  at  a rate  of  interest  not  exceeding  six  per  cent,  per 
annum,  in  anticipation  of  the  collection  of  a special  tax  or  assess- 
ment for  such  improvement  or  re-improvement  from  such  prop- 
erty holders,  and  shall  issue  the  bonds  of  the  city  therefor  in  the 
manner  and  form  as  provided  in  the  act  governing  cities  of  the 
second  class,  and  all  such  proceedings  in  regard  to  payment  of 
said  bonds  and  collection  from  the  said  abutting  property  holders 
of  the  part  of  the  cost  of  said  improvement  to  be  paid  by  them, 
shall  be  taken  and  done  as  provided  in  said  act  governing  cities 
of  the  second  class. 

§ 405.  (8)  Steps  — manner  and  eorm. — All  steps  and 

matters  and  things  pertaining  to  street  improvements  in  the  City 
of  Newport  shall  be  taken  and  done  in  the  manner  and  form  and 
as  prescribed  in  an  act  of  the  General  Assembly  of  the  Common- 
wealth of  Kentucky,  entitled  “An  Act  for  the  government  of  cities 
of  the  second  class  in  the  Commonwealth  of  Kentucky,”  approved 
March  19,  1894,  and  as  in  this  ordinance  heretofore  prescribed 
and  set  forth. 


An  Ordinance  constituting  the  contractors  for  the  construction  or  recon 
struction  of  streets  within  the  City  of  Newport,  Ky.,  special  collectors 
for  the  City  of  Newport,  Ky.,  and  directing  such  person  or  persons  to 
enforce  the  statutory  lien  of  the  city  against  the  abutting  owner  or 
owners.  (Approved  July  19,  1905.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 406.  ( 1 ) Contractor  — special  collector. — That  who- 

soever shall  contract  with  the  City  of  Newport  to  construct  or 


312 


General  Ordinances. 


§§407 — 41 1.  Streets  and  Sidewalks — Permits. 


reconstruct  any  street,  alley  or  public  way  within  the  corporate 
limits  of  the  City  of  Newport,  Ky.,  is  hereby  appointed  and  dele- 
gated a special  collector,  to  collect  for  the  City  of  Newport,  Ky., 
any  and  all  assessment  or  assessments  levied  against  the  property 
of  the  abutting  owner  or  owners  on  account  of  such  construction 
or  reconstruction  of  any  street,  alley  or  public  way  within  the 
corporate  limits  of  the  City  of  Newport,  Ky.  ( See  Section  400.) 

§407.  (2)  Collector  — services  tree. — That  the  services 

of  said  collector  shall  be  rendered  without  any  cost  to  the  City 
of  Newport. 


An  Ordinance  regulating  the  building  of  sidewalks  with  material  other  than 
brick  or  stone.  (Approved  July  12,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Nezvport,  Ky. 

§408.  (1)  Construction  oe  sidewalk  — permit. — That 

any  person  who  shall  desire  or  be  ordered  to  build  a sidewalk  in 
the  City  of  Newport,  of  brick,  stone  or  cement,  by  employment  or 
contract  with  the  owner  of  the  real  estate  fronting  or  abutting  the 
sidewalk  so  to  be  built  or  improved,  shall  first  obtain  from  the 
City  Civil  Engineer  of  Newport  a license  so  to  do,  and  plans 
and  specifications  of  same,  and  shall  also  obtain  from  the  Water 
Works  Department  of  the  city  a permit  to  use  water  therefor,  if 
water  be  necessary  in  the  construction  of  same.  (Section  as 
amended  by  ordinance  of  Jane  2J,  1896.) 

§409.  (2)  Supervision  oe  superintendent  of  public 

works. — That  such  sidewalks  shall  be  built  under  the  supervision 
of  the  Superintendent  of  Public  Works  of  the  city. 

§ 410.  (3)  Penalty. — Any  contractor  for  or  persons  em  - 

ployed by  the  owner  thereof  to  build  such  sidewalks,  who  shall 
violate  any  of  the  provisions  of  the  first  section  of  this  ordinance, 
shall,  on  conviction  in  the  police  court,  be  fined  in  any  sum  not 
exceeding  fifty  dollars  and  costs  of  prosecution. 

§411.  (4)  (This  section , fixing  a fee , stricken  out  by 

amendment  by  ordinance  of  July  19,  1905.) 


General  Ordinances. 


3i3 


§§412 — 415.  Streets — Protection. 


An  Ordinance  to  provide  for  making  sewer,  water  and  gas  pipe  connec 
tions  with  the  main  lines  of  same,  and  to  regulate  and  govern  same  on 
reconstructed  streets.  (Approved  July  26,  1897.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§412.  (1)  Connections — beeore  reconstruction. — That 

all  sewer  connections,  water  and  gas  pipe  connections  shall  be 
made,  at  the  expense  of  the  property  owners  along  the  line  of 
streets  that  are  ordered  reconstructed,  by  said  owners  desiring 
same,  before  said  streets  are  reconstructed. 

§413.  (2)  Opening  reconstructed  street  unlawful. — 

That  it  shall  be  unlawful  to  break  into  or  enter  into  any  recon- 
structed street,  to  place  therein  sewer,  gas  or  water  pipe  connec- 
tions after  said  street  has  been  reconstructed,  for  a period  of  five 
years  from  the  time  said  street  has  been  reconstructed. 

§ 414.  (3)  Penalty. — Any  person  guilty  of  violating  the 

provisions  of  Section  2 of  this  ordinance  shall  be  fined  in  any  sum 
not  exceeding  the  sum  of  fifty  dollars  and  costs  of  prosecution, 
recoverable -in  the  police  court  of  said  city,  and  be  required  to 
defray  the  expense  of  repairing  said  street  so  broken  or  entered 
into. 


§415.  (4)  Owners  to  be  notified  of  proposed  recon- 

struction.— It  shall  be  the  duty  of  the  City  Engineer  to  notify 
all  owners  of  property,  or  the  agents  thereof,  along  any  street 
which  has  been  ordered  reconstructed,  to  make  all  connections 
with  sewers,  water  and  gas  pipe,  thirty  days  prior  to  the  recon- 
struction of  said  street  in  front  of  their  said  property.  Said  notice 
shall  be  served  by  the  Chief  of  Police  or  any  officer  authorized 
to  serve  notices.  Said  officer  shall  make  due  return  of  the  service 
of  same,  and  the  Engineer  shall  preserve  said  notices  and  returns, 
and  charge  the  expense  of  service  thereof  as  an  item  in  the  cost 
of  reconstructing  said  streets. 


3H 


General  Ordinances. 


§§  416 — 418.  Streets — Protection. 


An  Ordinance  to  protect  the  streets  of  the  City  of  Newport,  where  same 
are  opened  for  purpose  of  making  connection  with  sewer,  water,  gas  or 
other  pipe.  (Approved  March  4,  1897.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§416.  (1)  Opening  street  sureace  — regulations. — 

That  any  person  authorized  to  open  the  streets  of  the  City  of 
Newport,  Ky.,  shall,  before  obtaining  from  the  Superintendent 
of  Public  Works  of  said  city  a permit  so  to  do,  apply  to  and 
receive  from  the  City  Engineer  a form  filled  out,  showing  the 
location  of  such  opening  to  be  made,  together  with  the  number 
of  square  yards  of  street  surface  to  be  opened,  and  the  kind  of 
material  composing  said  surface. 

§ 417.  (2)  Permit  — Form. — The  Superintendent  of  Public 

Works  shall  then,  before  issuing  a permit  to  open  any  of  said 
streets  or  public  ways,  require  the  applicant  to  deposit  with  him 
the  following  sums  of  money,  to  be  used  by  said  Superintendent 
to  repair  said  street  surface  where  opened  in  a proper  manner,  in 
case  said  surface  is  not  properly  repaired  by  person  taking  out 
permit  within  a period  of  ten  (10)  days  after  permit  is  issued. 

All  trenches  to  be  computed  at  three  (3)  feet  wide. 


For  macadam  streets,  the 

sum 

L Of. 

. $0.20 

per 

sq. 

yd 

For  limestone  paved  streets,  the  sum  of. 

• 30 

per 

sq. 

yd 

For  vitrified  brick  streets, 

the 

sum 

of.  . . 

• 1.25 

per 

sq. 

yd 

For  asphalt  block  streets. 

the 

sum 

of.  . . 

. 1 25 

per 

sq. 

yd 

For  granite  block  streets, 

the 

sum 

of.  . . 

. 1.25 

per 

sq. 

yd 

For  sheet  asphalt  streets, 

the 

sum 

of.  . . 

. 2.25 

per 

sq. 

yd 

§418.  (3)  Surface  to  be  repaired. — That  in  case  said 

surface  is  not  repaired  in  a manner  acceptable  to  said  Superin- 
tendent within  the  ten  (10)  days  allowed,  then  the  Superintendent 
of  Public  Works  shall  use  all  or  such  part  of  said  deposit  as  may 
become  necessary  to  make  the  proper  repairs,  and  if  any  part 
remains,  he  shall  then  return  it  to  the  person  receiving  permit, 
with  a statement  showing  amount  expended.  However,  in  case 
the  persion  opening  street  does  restore  same  to  a good  and  proper 


General  Ordinances 


3i5 


§§  419 — 423.  Streets — Protection. 


condition  within  the  ten  days,  then  the  Superintendent  shall  return 
entire  deposit  after  a proper  inspection. 

§419.  (4)  Surface  — condition  of  to  be  reported. — It 

shall  be  the  duty  of  the  inspector  of  sewer  taps  to  report  to  the 
Superintendent  of  Public  Works  the  condition  of  the  street  sur- 
face, so  that  proper  steps  may  be  taken  by  him. 


An  Ordinance  pertaining  to  curbing,  and  gutter  openings  in  same,  in  the 
City  of  Newport,  Ky.  (Approved  April  26,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§420.  (1)  Curbstone  — permit  to  cut. — That  no  curb- 

stone in  the  City  of  Newport  shall  be  cut  for  gutter  opening  with- 
out a permit  for  same  having  been  first  obtained  from  the  City 
Civil  Engineer,  and  the  place  wherein  same  is  to  be  cut  designated 
by  him,  and  the  same  inspected  after  having  been  cut  by  the 
Superintendent  of  Public  Works. 

§ 421.  (2)  Depth  of  cut. — No  curbstone  shall  be  cut  into 

a greater  depth  than  one  inch. 

§422.  (3)  Penalty. — Any  person  or  persons  violating  the 

provisions  of  this  ordinance  shall,  on  conviction  in  the  police 
court,  be  fined  in  any  sum  not  less  than  five  dollars  nor  more 
than  twenty  dollars. 


An  Ordinance  concerning  streets  in  the  City  of  Newport,  Ky.  (Approved 
April  4,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 423.  ( 1 ) Streets  — permit  to  open  — penalty. — That 

all  persons,  before  opening  any  of  the  streets  or  public  highways 
of  the  City  of  Newport,  Ky.,  shall  obtain  from  the  Superintendent 
of  Public  Works  a permit  so  to  do.  And  any  person  so  opening 
any  street  or  public  highway,  without  first  having  obtained  said 


3x6 


General  Ordinances. 


§§  424 — 426.  Streets — Protection. 


permit,  shall  be  guilty  of  a misdemeanor,  and  upon  conviction 
fined  in  any  sum  not  exceeding  fifty  ($50)  dollars  and  costs  of 
prosecution. 


An  Ordinance  to  protect  the  improved  streets  that  have  been  made  with 
improved  material.  (Approved  April  9,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§424.  (1)  Improved  streets  — protection  oe. — That  it 

shall  be  unlawful  for  any  person  or  persons  to  dump,  place  or 
deposit  upon  any  of  the  streets  of  the  City  of  Newport,  that  have 
been  made  with  improved  material,  any  stone,  iron,  machinery,  or 
other  substance  or  material,  without  first  having  placed  thereon 
lumber  and  boards  or  other  protection  to  prevent  said  street  being 
injured  or  broken. 

§ 425.  (2)  Penalty. — Any  person  or  persons  violating  this 

ordinance  shall,  upon  conviction,  be  fined  in  any  sum  not  exceed- 
ing one  hundred  ($100)  dollars  and  costs  of  prosecution. 


An  Ordinance  requiring  die  placing  and  maintaining  of  electric  signal  bells 
at  certain  streets  in  the  City  of  Newport,  Ky.,  where  a steam  railroad 
crosses  same  at  a surface  grade.  (Approved  June  8,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky . 

§426.  (1)  Railroad  crossings  — signal  bells. — That 

electric  signal  bells  shall  be  placed  and  maintained  by  the  steam 
railroad  company  crossing  same  at  the  following  named  streets 
in  the  City  of  Newport,  where  a steam  railroad  crosses  same  at  a 
surface  grade,  to-wit : at  Eleventh  street,  where  Saratoga  crosses 
same ; said  signal  bells  shall  be  of  the  latest  and  most  approved 
kind  for  the  warning  of  persons  of  the  approach  of  trains,  and 
they  shall  be  constructed,  and  the  wires  and  apparatus  connected 
therewith  laid  and  built  under  the  supervision  of  the  City  Civil 


General  Ordinances. 


3i7 


§§  427 — -429.  Streets — Signal  Lights. 


Engineer  of  Newport,  and  they  shall  be  from  time  to  time 
inspected  and  repaired.  (Section  as  amended  by  ordinance  of 
November  30,  1895.) 

§427.  (2)  Signal  bells  — when  to  be  erected. — The 

signal  bells  mentioned  and  required  to  be  placed  by  the  first  sec- 
tion hereof  shall  be  erected  and  in  working  order  by  the  first  day 
of  July  succeeding  the  passage  of  this  ordinance;  and  each  and 
every  day  thereafter  said  bells  are  not  so  placed  and  in  working 
order  shall  be  deemed  a misdemeanor,  and  the  steam  railway  com- 
pany operating  a line  of  railroad  across  the  streets  mentioned  in 
the  first  section  hereof  shall,  for  not  so  placing  and  maintaining 
said  bells,  upon  conviction  thereof,  be  fined  in  any  sum  not 
exceeding  fifty  dollars  and  costs  of  prosecution. 


An  Ordinance  requiring  red  signal  lights  to  be  placed  on  and  about  mate- 
rials, obstructions  and  excavations  upon  and  in  the  streets  and  alleys  of 
the  City  of  Newport,  Ky.,  between  the  hours  of  sunset  and  sunrise. 
(Approved  November  15,  1894) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§428.  (1)  Signal  lights. — That  contractors  for  building 

or  any  other  purposes,  and  all  other  persons  who  may  place  mate- 
rials or  obstructions  of  any  kind,  or  make  excavations  upon  or  in 
any  of  the  streets  or  alleys  of  said  city,  shall,  between  the  hours 
of  sunset  and  sunrise,  place  and  keep  burning  on  said  materials 
or  obstructions  and  about  or  around  said  excavations  at  least 
two  red  signal  lights  in  the  most  conspicuous  places  thereon  or 
thereabouts. 

§429.  (2)  Penalty. — Contractors  and  all  other  persons  in 

any  wise  refusing  or  failing  to  comply  with  the  requirements  of 
this  ordinance  shall,  upon  conviction  thereof,  be  fined  in  any  sum 
not  less  than  five  nor  more  than  twenty-five  dollars  and  costs  of 
prosecution. 


318 


General  Ordinances. 


§§  43°— 433-  Streets— Sprinkling. 


An  Ordinance  requiring  street  sprinklers  to  leave  a dry  strip  in  the  streets 
of  the  City  of  Newport,  and  fixing  the  punishment  for  violation  of  same. 
(Approved  May  7,  1900.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky , 

§ 430.  (1)  Dry  strip. — That  all  persons  engaged  in  sprink- 

ling streets  in  the  City  of  Newport  shall  leave  in  the  middle  of 
said  streets  a dry  strip  at  least  four  (4)  feet  in  width. 

§431.  (2)  Penalty. — For  any  violation  of  the  foregoing 

section,  the  persons  so  offending  shall  be  fined  in  any  sum  not  less 
than  one  dollar  nor  more  than  ten  dollars. 


An  Ordinance  to  protect  brick  streets  in  the  City  of  Newport  from  injury 
by  excessive  or  improper  sprinkling  or  watering  of  same.  (Approved 
March  17,  1896.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§432.  (1)  Sprinkling,  excessive  — unlawful. — That  it 
shall  be  unlawful  for  any  person  or  persons  to  water  or  sprinkle 
any  of  the  improved  brick  streets  of  the  City  of  Newport  with  a 
hose,  unless  a spray  nozzle  be  attached  thereto ; or  for  such  person 
or  persons  to  excessively  sprinkle  or  water  same  in  any  manner. 

§ 433.  (2)  Penalty. — Any  person  or  persons  violating  any 

of  the  provisions  of  this  ordinance,  shall  for  each  and  every  of- 
fense, on  conviction  thereof  in  the  police  court,  be  fined  not  less 
than  five  nor  more  than  fifteen  dollars  and  costs  of  prosecution. 
And  it  shall  be  the  special  duty  of  the  Superintendent  of  Public 
Works  to  attend  to  the  enforcement  of  this  ordinance. 


General  Ordinances. 


3i9 


§§  434 — 436.  Streets — Sprinkling — Grades. 


An  Ordinance  requiring  persons,  companies  and  corporations,  and  the 
agents  and  employees  thereof,  owning  or  operating  steam  railroads  over 
the  streets  of  the  City  of  Newport,  to  sprinkle  with  water  the  track  so 
operated,  and  providing  a penalty  for  the  violation  thereof.  (Approved 
June  12,  1903.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§434.  (1)  Sprinkling  between  steam  railroad  tracks. 

— That  all  persons,  companies  and  corporations,  and  agents  and 
employees  thereof,  owning  or  operating  steam  railroads  over  and 
upon  any  of  the  streets  of  the  City  of  Newport,  be  and  are  hereby 
required,  between  the  first  day  of  May  and  the  first  day  of  No- 
vember of  each  and  every  year,  to  sprinkle  with  -water  the  tracks 
and  the  portions  of  the  streets  between  said  tracks  over  and  upon 
which  said  persons,  companies,  corporations,  agents  or  employees 
thereof  operate  said  railroads,  as  often  as  may  be  necessary  to 
prevent  dust  from  arising  therefrom  upon  the  passage  of  engines 
or  trains  over  same. 

§435.  (2)  Penalty. — Any  person,  company,  corporation 

or  agent  or  employee  thereof,  hereby  required,  who  shall  fail  or 
refuse  to  sprinkle  said  tracks  or  streets  as  herein  provided,  shall 
be  deemed  guilty  of  a misdemeanor,  and  on  conviction  thereof 
shall  be  fined  in  any  sum  not  less  than  one  nor  more  than  dne 
hundred  dollars. 


An  Ordinance  to  establish  the  grades  of  streets,  avenues  and  alleys  lying- 
east  of  Park  avenue,  in  the  City  of  Newport,  Ky.  (Approved  May  1, 

1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§436.  (1)  Ohio  alley.— That  the  grade  of  Ohio  alley, 

from  Park  avenue  eastwardly  for  one  thousand  feet,  be  established, 
as  follows : Beginning  at  a point  in  the  southeast  curb  intersection 


320 


General  Ordinances. 


§§  437 — 44°-  Streets — Grades. 


of  Park  avenue  and  Ohio  alley,  elev.  91.20;  thence  ascending  east- 
wardly,  at  a grade  of  0.52-100  for  403.40  feet,  to  the  southwest 
curb  intersection  of  Maple  avenue,  elev.  93.40 ; thence  to  the  south- 
east curb  intersection  of  Maple  avenue  31.05  feet,  elev.  93.45; 
thence,  descending  at  a grade  of  0.50-100,  for  290.86  feet  to  the 
southwest  curb  intersection  of  Linden  avenue,  elev.  92.0 ; thence 
level  to  southeast  curb  intersection  of  Linden  avenue,  31.05  feet; 
thence,  ascending  at  a grade  of  0.50-100,  for  261.04  to  elev.  93.30. 

§437.  (2)  Sixth  street. — That  the  grade  of  Sixth  street 

from  Park  avenue  eastwardly  to  the  east  line  of  Oak  avenue  be 
established  as  follows : Beginning  in  the  southeast  curb  intersec- 
tion of  Park  avenue,  elev.  95.60 ; thence,  descending  eastwardly  at 
a grade  of  0.80-100  for  a distance  of  755  feet  to  the  southwest 
curb  intersection  of  Kentucky  alley,  elev.  85.56 ; thence  descending 
at  a grade  of  20-100  for  a distance  of  148  feet  to  the  southwest 
intersection  of  Oak  avenue,  elev.  86.60;  thence  to  the  southeast 
curb  intersection  of  Oak  avenue  30  feet,  elev.  86.00 ; thence  to  the 
east  line  of  Oak  avenue  18  feet  to  elev.  85.64:  the  north  curb  to 
be  as  nearly  the  same  as  grade  as  intersections  will  permit. 

§ 438.  (3)  Seventh  street. — That  the  grade  of  Seventh 

street,  from  Park  avenue  eastwardly  to  the  east  line  of  Oak  avenue, 
be  established  as  follows : Beginning  at  a point  in  the  northeast 
curb  intersection  of  Park  avenue,  elev.  99.03 ; thence  descending 
eastwardly  at  a grade  of  0.80-100  for  903  feet  to  the  northwest 
curb  intersection  of  Oak  avenue,  elev.  91.84:  the  south  curb  to  be 
0.25  feet  higher  and  as  nearly  parallel  as  the  intersections  will 
permit. 

§ 439.  (4)  Eighth  street. — That  the  grade  of  Eighth 

street,  from  Park  avenue  eastwardly  to  Kentucky  alley,  be  estab- 
lished as  follows:  Beginning  at  a point  in  the  northeast  curb 
intersection  of  Park  avenue,  elev.  102.00 ; thence  descending  east- 
wardly to  the  east  line  of  Kentucky  alley,  at  a grade  of  0.80-100, 
for  770  feet  to  elev.  95.86 ; south  curb  to  be  0.20  feet  higher  and 
as  nearly  parallel  as  the  intersections  will  permit. 

§ 440.  (5)  Ninth  street. — That  the  grade  of  Ninth  street. 


General  Ordinances. 


321 


§§  441 — 443.  Streets — Grades. 


from  Park  avenue  eastwardly  to  the  east  line  of  Linden  avenue, 
be  established  as  follows : Beginning  at  a point  in  the  northeast 
intersection  of  the  curb  of  Park  avenue,  elev.  105.61  ; thence  de- 
scending eastwardly,  at  a grade  of  0.80-100  feet  for  a distance  of 
640  feet  to  the  east  line  of  Linden  avenue,  elev.  100.69 1 the  south 
curb  to  be  as  nearly  parallel  as  the  intersections  will  permit. 

§441.  (6)  Maple  avenue. — That  the  grade  of  Maple 

avenue,  from  the  south  line  of  Ohio  alley  to  the  north  line  of 
Ninth  street,  be  established  as  follows : Beginning  at  a point  in 
the  northwest  curb  intersection  of  Ninth  street  103.46;  thence  de- 
scending northwardly  at  a grade  of  0.70-100  for  a distance  of 
1,465  feet  to  the  southwest  curb  intersection  of  Sixth  street,  elev. 
93.35  ; thence  to  the  northwest  curb  intersection  of  Sixth  street  30 
feet,  elev.  93.35  ; thence  ascending,  at  a grade  of  0.80,  for  138 
feet  to  elev.  94.45  ; thence  descending,  at  a grade  of  o.  10- 100,  for 
106.76  feet  to  the  southwest  curb  intersection  of  Ohio  alley,  elev. 
93.40 ; the  east  curb  to  be  0.25  feet  lower  and  as  nearly  parallel  as 
the  intersections  will  permit. 

§442.  (7)  Linden  avenue. — That  the  grade  of  Linden 

avenue,  from  the  north  side  of  Ninth  street  to  the  south  side  of 
Ohio  alley,  be  established  as  follows : Beginning  at  a point  in  the 
northwest  curb  intersection  of  Ninth  street,  elev.  100.92;  thence 
descending  northwardly,  at  a grade  of  0.70  feet  in  100,  for  a dis- 
tance of  1,465  feet  to  the  southwest  curb  intersection  of  Sixth 
street,  elev.  90.87 ; thence  to  the  northwest  curb  intersection  of 
Sixth  street  30  feet,  elev.  90.62 ; thence  ascending,  at  a grade  of 
1.0  in  100  feet,  for  228  feet  to  elev.  92.90;  thence  descending,  at 
a grade  of  0.90-100,  for  99.78  feet  to  the  southwest  curb  inter- 
section of  Ohio  alley,  elev.  92 ; the  east  curb  to  be  0.25  feet  lower 
and  as  nearly  parallel  as  the  intersections  will  permit. 

§ 443.  (8)  Oak  avenue. — That  the  grade  of  Oak  avenue, 

from  the  north  side  of  Seventh  street  to  the  south  side  of  Sixth 
street,  be  established  as  follows : Beginning  at  a point  in  the 
northwest  curb  intersection  of  Seventh  street,  elev.  91.81 ; thence 
descending  northwardly,  at  a grade  of  100- 100,  for  a distance  of 


(21N) 


322 


General  Ordinances. 


§§  444 — 445.  Streets — Names. 


516  feet  to  the  southwest  curb  intersection  of  Sixth  street,  elev. 
86.60 ; the  east  curb  to  be  0.60  lower  and  as  nearly  parallel  as  the 
intersections  will  permit. 

§ 444.  (9)  Indiana,  Tennessee,  Kentucky  alleys. — 

That  the  grade  of  Indiana  alley,  lying  between  Park  avenue  and 
Maple  avenue  and  extending  from  Ninth  street  to  Ohio  alley,  and 
of  Tennessee  alley,  lying  between  Maple  avenue  and  Linden  ave- 
nue and  extending  from  Ninth  street  to  Ohio  alley,  and  of  Ken- 
tucky alley,  lying  between  Linden  avenue  and  Oak  avenue  and 
extending  from  Eighth  street  to  Sixth  street,  be  established  as 
follows : That  each  alley  shall  have  a continuous  straight  grade,, 
in  conformity  with  the  grade  of  each  street  that  they  cross. 


An  Ordinance  to  establish  a system  of  numbering  houses  and  fixing  the 
names  of  streets  in  the  City  of  Newport.  (Passed  January  30,  1890.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilman  of  the 
City  of  Newport : 

§445.  (1)  Numbering  oe  houses  — names  of  certain 

streets. — That  from  and  after  the  passage  of  this  ordinance  the 
hereinafter  described  system  for  the  numbering  of  the  houses,  and 
for  the  fixing  of  the  names  of  the  streets  and  avenues  in  the  Citv 
of  Newport,  be  established,  and  recognized  as  the  only  system 
for  those  purposes,  to-wit : 

That  York  street  be  the  dividing  line  for  streets  running  east 
and  west,  one  hundred  numbers  to  be  allowed  to  each  through 
square,  twenty  feet  to  a number,  even  numbers  to  be  on  the 
south  side  and  odd  numbers  on  the  north  side  of  said  east 
and  west  streets,  beginning  at  one,  on  each  side  of  York  street. 
That  Front  street  or  First  avenue  be  the  starting  point  for  the  re- 
numbering of  north  and  south  streets,  beginning  at  number  100 
at  Front  street  and  allowing  100  numbers  to  each  square,  and 
twenty  feet  to  each  number ; odd  numbers  to  be  on  the  east  side 
and  even  numbers  on  the  west  side  of  said  north  and  south  streets ;; 


General  Ordinances. 


323 


§ 445.  Streets — Names. 


and  hereafter  the  streets  and  avenues  shall  be  named  and  known 
as  follows,  to-wit : 

First  street  shall  be  the  name  of  Front  street  from  Saratoga 
street  to  Licking  river,  of  Short  street  from  Washington  avenue 
to  Saratoga  street,  and  of  Main  street  from  Washington  avenue 
to  Bellevue  town  line. 

Second  street  shall  be  the  name  of  Whitten  street  from  the 
Bellevue  corporation  line  to  Washington  avenue,  and  of  Eglantine 
street  from  Washington  avenue  to  Central  avenue. 

Third  street  shall  be  the  name  of  Taylor  street  from  the  Belle- 
vue corporation  line  to  the  Licking  river. 

Fourth  street  shall  be  the  name  of  Bellevue  street  from  Park 
avenue  to  the  Licking  river. 

Fifth  street  shall  be  the  name  of  Madison  street  from  Park 
avenue  to  the  Licking  river. 

Sixth  street  shall  be  the  name  of  Jefferson  street  from  Park 
avenue  to  Columbia  street,  and  of  Todd  street  from  Columbia 
street  to  Isabella  street,  and  of  Walnut  street  from  Isabella  street 
to  Licking  river. 

Seventh  street  shall  be  the  name  of  Mayo  street  from  Monroe 
street  to  Columbia  street,  and  of  McArthur  street  from  Columbia 
street  to  Isabella  street,  and  of  Locust  street  from  Isabella  street 
to  the  Licking  river. 

Eighth  street  shall  be  the  name  of  Ringgold  street  from 
Monroe  street  to  Isabella  street,  and  of  Goodman  street  from 
Isabella  street  to  Lowell  street. 

Ninth  street  shall  be  the  name  of  Harris  street  from  Monroe 
street  to  Mill  street. 

Tenth  street  shall  be  the  name  of  Tibbatts  street  from  the 
bridge  over  the  C.  & O.  R.  R.  east  of  Monroe  street  to  the  Licking 
river. 

Eleventh  street  shall  be  the  name  of  Williamson  street  from 
Washington  avenue  to  the  Licking  river. 

Twelfth  street  shall  be  the  name  of  Liberty  street  from  Mon- 
mouth street  to  the  Licking  river. 


324 


General  Ordinances. 


§§  446 — 447.  Streets — Names. 


Thirteenth  street  shall  be  the  name  of  Ward  avenue  from  John 
street  to  the  corporation  line  of  the  city  at  the  west  line  of  Central 
avenue. 

Fourteenth  street  shall  be  the  name  of  Licking  road  from 
Monmouth  street  to  the  corporation  line  of  the  city  at  the  west 
line  of  Central  avenue. 

Chestnut  street  shall  be  the  name  of  Chestnut  street  from 
Isabella  street  to  the  Licking  river,  and  of  Lewis  street  from  Cen 
tral  avenue  to  Isabella  street. 

Brighton  street  shall  be  the  name  of  Hubbard  street  from 
Licking  river  to  Madison  street,  and  of  Brighton  street  from 
Madison  street  to  the  south  corporation  line  of  the  city. 

Patterson  street  shall  be  the  name  of  Moss  street  from  Taylor 
street  to  Madison  street,  and  of  Patterson  street  from  Madison 
street  to  the  south  corporation  line  of  the  city. 

§446.  (2)  Names  oe  certain  streets  abolished. — The 

names  of  the  following  streets,  avenue  and  road  named  in  Sec- 
tion 1 are  hereby  abolished,  to-wit:  Front,  Short,  Main,  Whitten, 
Eglantine,  Taylor,  Bellevue,  Madison,  Jefferson,  Todd,  Walnut, 
Mayo,  McArthur,  Locust,  Ringgold,  Goodman,  Harris,  Tibbatts, 
Williamson,  Liberty,  Lewis,  Hubbard  and  Moss  streets,  Ward 
avenue  and  Licking  road. 


An  Ordinance  to  change  the  name  of  Southgate  street,  between  York  street 
and  Columbia  street,  to  Court  Place.  (Approved  July  20,  1899.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 447.  ( 1 ) Court  place. — That  the  name  of  Southgate 

street,  between  York  street  and  Columbia  street,  be,  and  is  hereby 
changed  to  Court  Place. 


General  Ordinances. 


325 


§448  451.  Streets — Names. 


An  Ordinance  to  name  an  alley  situate  between  Maple  avenue  and  Park 
avenue,  and  extending  from  the  Chesapeake  and  Ohio  Railroad  to  Ohio 
alley.  (Approved  April  24,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§ 448.  (1)  Indiana  alley. — That  the  alley  situate  between 

Maple  avenue  and  Park  avenue,  and  extending  from  the  Chesa- 
peake and  Ohio  Railroad  to  Ohio  alley,  be  named  Indiana  alley, 
and  that  the  City  Civil  Engineer  be  hereby  instructed  to  record 
same  on  the  plat-books  of  the  city. 


An  Ordinance.  (Approved  June  21,  1905.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§449.  (1)  James  street. — That  the  name  of  James  alley 

be  and  is  hereby  changed  to  James  street. 


An  Ordinance  to  name  an  alley  lying  between  Linden  avenue  and  Oak 
avenue,  and  extending  from  Eighth  street  to  Sixth  street.  (Approved 
April  24,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky 

§450.  (1)  Kentucky  alley. — That  the  alley  situated  be- 

tween Linden  avenue  and  Oak  avenue,  and  extending  from  Eighth 
street  to  Sixth  street,  be  named  Kentucky  alley,  and  that  the  City 
Civil  Engineer  be  hereby  instructed  to  record  same  in  the  plat- 
books  of  the  city. 


An  Ordinance  to  name  alley  south  of  Tenth  street,  between  Park  avenue 
and  east  line  of  lot  No.  1,  Cote  Brilliante  Addition.  (Approved  Feb- 
ruary 17,  1905.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 
§451.  (1)  Marz  alley. — That  the  alley  lying  south  of 


4 


326 


General  Ordinances. 


§§  452 — 454.  Streets — Names. 


Tenth  street  and  between  Park  avenue  and  the  east  line  of  lot 
No.  1,  Cote  Brilliante  addition,  be  and  the  same  is  hereby  named 
Marz  alley. 


An  Ordinance  to  name  alley  south  of  Ninth  street,  and  between  Indiana 
alley  on  the  west  and  Linden  avenue  on  the  east.  (Approved  March  11, 

1897-) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§ 452.  (1)  Michigan  alley. — That  the  alley  lying  1 1 5 feet 
south  of  Ninth  street,  and  parallel  with  same,  and  between  Indiana 
alley  on  the  west  and  Linden  avenue  on  the  east,  be  and  is  hereby 
named  Michigan  alley. 


An  Ordinance  to  change  the  name  of  Second  street,  between  Monmouth 
and  Saratoga  streets,  to  McClure  Place.  (Approved  July  5,  1902.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky 

§453.  (1)  McClure  place. — That  the  name  of  Second 

street,  between  Monmouth  and  Saratoga  streets,  be  and  is  hereby 
changed  to  McClure  Place. 


An  Ordinance  to  name  an  alley  situated  between  Fifth  and  Sixth  streets, 
and  extending  eastwardly  from  Monroe  street  to  the  east  corporation 
limits  of  the  city.  (Approved  April  24,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§454.  (1)  Ohio  alley. — That  the  alley  situate  between 

Fifth  street  and  Sixth  street  and  east  of  Monroe  street  to  the  cor- 
porate limits  of  the  city  be  named  Ohio  alley,  and  that  the  Civil 
Engineer  be  hereby  instructed  to  record  same  in  the  plat-books  of 
the  city. 


General  Ordinances. 


327 


§§  455 — 457-  Streets— Names. 


Resolution.  (Approved  May  19,  1902.) 

Whereas,  The  owners  of  all  the  property  abutting  on  the 
following  portion  of  Ohio  alley  in  the  City  of  Newport  have  pe- 
tioned  to  have  same  closed  and  abandoned ; and 

Whereas,  The  City  of  Newport  has  never  opened  or  im- 
proved same  ; 

Be  it  resolved  by  the  General  Council — 

§ 455.  Ohio  alley  — portion  abandoned. — That  the  por- 
tion of  Ohio  ally  beginning  at  the  southeast  corner  of  Linden  ave- 
nue and  Ohio  alley;  thence  eastwardly  to  where  it  intersects  Oak 
street  (if  continued  northwardly),  thence  northwardly  15  feet, 
thence  westwardly  to  where  it  intersects  Linden  avenue,  as  ex- 
tended through  Nelson  Place,  be  and  is  hereby  closed  and  aban- 
doned by  the  City  of  Newport,  and  the  said  city  hereby  releases 
any  and  all  claims  it  may  have  to  same. 


An  Ordinance  naming  Oregon  alley,  in  the  City  of  Newport,  Ky.  (Approved 
October  31,  1900.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 456.  ( 1 ) Oregon  alley. — That  the  alley  lying  across  the 

east  end  of  Fourth  street,  along  the  bank  of  Taylor’s  Creek,  and 
extending  from  Waters  alley  to  Ader  alley,  be  and  is  hereby  named 
Oregon  alley. 


An  Ordinance  to  change  name  of  Mary  alley,  from  Eighth  street  to  Ninth 
street,  to  Roberts  street.  (Approved  March  25,  1897.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§457-  (0  Roberts  street. — That  the  name  Mary  alley, 

between  Eighth  street  to  Ninth  street,  be  and  is  hereby  changed 
to  Roberts  street. 


328 


General  Ordinances. 


§§458 — 461.  Streets — Names. 


Wards. 


An  Ordinance  to  change  the  name  of  Mary  alley,  from  Ninth  street  to 
Tenth  street,  to  Roberts  street.  (Approved  September  29,  1899.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 458.  (1)  Roberts  street. — That  the  name  of  Mary  alley 

from  Ninth  street  to  Tenth  street  be  and  is  hereby  changed  to 
Roberts  street. 


An  Ordinance  to  name  an  alley  lying  between  Maple  avenue  and  Linden 
avenue,  and  extending  from  Ninth  street  to  Ohio  alley.  (Approved 
April  24,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§459.  (1)  Tennessee  alley. — That  the  alley  between 

Maple  avenue  and  Linden  avenue  and  extending  from  Ninth  street 
to  Ohio  alley  be  named  Tennessee  alley,  and  that  the  City  Engineer 
be  hereby  ordered  to  record  same  on  the  plat-books  of  the  city. 


An  Ordinance  to  name  the  alley  south  of  Tenth  street,  and  between 
Vastine  alley  and  Monroe  street.  (Approved  August  22,  1899.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§460.  (1)  Virginia  alley. — That  the  alley  lying  imme- 

diately south  of  Tenth  street  and  extending  from  Vastine  alley 
to  Monroe  street  be  and  is  hereby  named  Virginia  alley. 


WARDS. 

An  Ordinance  to  divide  the  City  of  Newport,  Ky.,  into  six  (6)  wards,  and 
to  prescribe  the  boundaries  thereof.  (Approved  July  8,  1896.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky . 

§461.  (1)  Wards  — defined. — That  the  territory  com- 

prised within  the  corporate  limits  of  the  City  of  Newport,  Ky., 


General  Ordinances. 


329 


§ 461.  Wards. 


shall  be  divided  into  six  (6)  wards,  to  be  established  and  bounded 
as  follows,  to-wit : 

First  Ward. — Beginning  at  the  center  of  the  intersection  of 
York  street  and  the  north  corporation  line ; running  thence  south- 
wardly along  the  center  of  York  street  to  Sixth  street ; thence  east- 
wardly  along  the  center  of  Sixth  street  to  the  east  corporation  line  ; 
thence  northwardly  along  said  line  to  north  corporation  line ; 
thence  westwardly  along  said  north  corporation  line  to  the  place 
of  beginning. 

Second  Ward. — Beginning  at  the  center  of  the  intersection  of 
York  street  and  the  north  corporation  line;  running  thence  south- 
wardly along  the  center  of  York  street  to  Sixth  street ; thence  west- 
wardly along  the  center  of  Sixth  street  to  the  west  corporation 
line ; thence  northwardly  along  said  line  to  the  north  corporation 
line ; thence  eastwardly  along  said  north  corporation  line  to  the 
place  of  beginning. 

Third  Ward. — Beginning  at  the  intersection  of  the  center  of 
Sixth  and  York  streets  ; running  thence  southwardly  along  the 
center  of  York  street  to  Ninth  street ; thence  eastwardly  along  the 
center  of  Ninth  street  to  the  east  corporation  line ; thence  north- 
wardly along  the  said  line  to  Sixth  street ; thence  westwardly  along 
the  center  of  Sixth  street  to  the  place  of  beginning. 

Fourth  Ward. — Beginning  at  the  center  of  the  intersection  of 
Sixth  and  York  streets ; running  thence  southwardly  along  the 
center  of  York  street  to  Ninth  street ; thence  westwardly  along 
the  center  of  Ninth  street  to  the  west  corporation  line;  thence 
northwardly  along  the  said  line  to  Sixth  street ; thence  eastwardly 
along  the  center  of  Sixth  street  to  the  place  of  beginning. 

Fifth  Ward. — Beginning  at  the  center  of  the  intersection  of 
Ninth  and  York  streets  ; running  thence  southwardly  along  the 
center  of  York  street  to  the  south  corporation  line ; thence  east- 
wardly along  said  line  to  the  east  corporation  line ; thence  north- 
wardly along  said  east  corporation  line  to  Ninth  street;  thence 
westwardly  along  the  center  of  - Ninth  street  to  the  place  of  be- 
ginning. 

Sixth  Ward. — Beginning  at  the  center  of  the  intersection  of 


330 


General  Ordinances. 


§§  462 — 463.  Water-works — General  Provisions. 


Ninth  and  York  streets  ; running  thence  southwardly  along  the 
center  of  York  street  to  the  south  corporation  line;  thence  west- 
wardly  along  said  line  to  the  west  corporation  line ; thence  north- 
wardly along  said  west  corporation  line  to  Ninth  street ; thence 
eastwardly  along  the  center  of  Ninth  street  to  the  place  of  be- 
ginning. 


WATER-WORKS. 

An  Ordinance  relating  to  the  water-works  of  the  City  of  Newport,  Ky. 

(Approved  September  26,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§462.  (1)  Water- works  commissioners  — appointment 

— qualifications  — powers. — That  pursuant  to  the  provisions 
of  the  charter  for  cities  of  the  second  class,  the  Water-works  of 
the  City  of  Newport,  Ky.,  shall  be  controlled  and  managed  by  a 
board,  styled  the  Commissioners  of  Water-works  of  said  city,  to  be 
composed  of  three  members  appointed  by  the  Mayor,  subject  to 
the  approval  of  the  Board  of  Aldermen,  and  having  such  qualifi- 
cations as  are  required  by  the  charter  for  cities  of  the  second  class ; 
said  Commisisoners  shall  control  and  manage  the  water-works 
system  of  the  city,  subject  to  such  regulations  and  limitations  as 
the  General  Council  may  provide  by  ordinance ; they  may  appoint 
and  remove  a Superintendent,  Secretary  and  other  necessary  em- 
ployees. 

§463.  (2)  Annual  estimate  to  be  submitted.  — Said 

Commissioners  of  the  Water- works  shall  annually  on  or  before 
January  1st  of  each  year,  submit  to  the  General  Council  for  their 
information  and  approval,  an  approximate  estimate  of  the  receipts 
and  expenditures  for  the  water-works  and  shall  also  submit  a list 
of  the  employees  of  said  water-works,  their  duties  and  compen- 
sation and  the  needs  of  the  water-works  system  for  the  year,  which 


General  Ordinances. 


33i 


§§  464 — 466.  Water- works — General  Provisions. 


shall  be  passed  upon  and  approved  by  the  General  Council  upon 
a call  of  the  yeas  and  nays.  No  expenditures,  other  than  those 
provided  for  in  the  annual  estimate  submitted  by  the  Water- works 
Commissioners  to  the  General  Council,  shall  be  incurred  without 
the  approval  of  a majority  of  members-elect  of  the  General 
Council. 

§464.  (3)  Expenditure  in  excess  oe  estimate. — Before 

the  making  or  executing  of  any  agreement  or  contract  by  said 
Water-works  Commissioners,  incurring  any  expenditures  in  excess 
of  the  annual  estimate  submitted  and  approved  by  the  General 
Council  as  provided  for  in  Section  two  (2),  they  shall  be  required 
to  obtain  the  concurrence  of  a majority  of  the  members-elect  of 
each  branch  of  the  General  Council  and  the  approval  of  the  Mayor. 

§465.  ( 4)  Receipts  — application  oe. — All  excess  of  re- 
ceipts from  water  rents  or  uses  of  the  water,  over  and  above  the 
actual  expenditures  incurred  in  operating  the  said  water-works, 
shall  be  and  constitute  a specific  and  separate  fund,  and  which 
specific  and  separate  fund  shall  be  turned  over  from  time  to  time 
as  it  accumulates  to  the  Treasurer  of  the  City  of  Newport,  Ky., 
to  be  used  exclusively  as  follows:  Fifty  (50)  per  centum  for  the 
payment  of  interest  coupons  of  the  bonded  debt  of  the  city  created 
for  the  building  of  said  water-works  system,  and  fifty  (50)  per 
centum  for  the  payment  of  the  principal  of  the  bonded  debt  of  the 
city  created  for  the  building  of  said  water-works  system,  and 
when  said  bonded  debt  shall  have  been  fully  redeemed,  said  excess 
shall  be  applied  exclusively  to  the  reconstruction  of  the  streets  and 
other  public  ways  of  the  city,  as  provided  in  Section  30,  Article  4 
[§  3io4  Ky.  St.]  in  charter  of  cities  of  the  second  class.  (Section 
as  amended  by  ordinance  of  January  30,  1899.) 

§466.  (5)  Treasurer  — quorum. —The  City  Treasurer 

shall  be  ex-officio  treasurer  of  said  board.  Two  members  of  said 
board  shall  constitute  a quorum. 


332 


General  Ordinances 


§ 467 — 470.  Water-works — Regulations  and  Rates. 


An  Ordinance  providing  regulations  and  fixing  rates  for  the  Newport  water- 
works. (Approved  July  20,  1899.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§467.  (1)  Applications. — Parties  desiring  service  attach- 

ments to  the  distributing  pipes  of  the  Newport  Water- works  for 
the  purpose  of  introducing  water  into  any  premises,  and  persons 
desiring  to  use  water  from  the  water  system,  shall  make  appli- 
cation therefor  in  writing ; and  if  the  applicant  is  not  the  owner 
of  the  premises  into  which  the  water  is  introduced,  the  application 
must  be  accompanied  by  the  written  consent  of  such  owner.  The 
applicant  shall  state  all  purposes  for  which  water  is  required ; 
shall  answer  all  questions  asked  by  the  authorized  agent  of  the 
department  relative  to  its  consumption,  and  shall  deposit  ten  dol- 
lars to  cover  the  cost  of  introduction,  whereupon  the  Water- works 
Secretary  shall  issue  a written  permit,  granting  the  applicant  the 
privilege  of  a service  branch  and  the  use  of  water,  subject  to  this 
ordinance. 

§ 468.  (2)  Service  pipe. — The  Water-works  Department* 

after  issuing  the  permit  as  provided  in  Section  1,  shall  proceed,  as 
soon  as  practicable,  to  have  properly  constructed  the  appropriate 
service  pipe  from  the  main  in  the  street  to  a point  one  foot  inside 
the  curbstone  in  front  of  the  premises  of  the  applicant,  from  which 
point  the  service  extension  shall  be  made  to  and  upon  the  premises 
by  a licensed  plumber  of  the  applicant’s  selection.  The  cost  and 
expense  of  materials  and  fixtures  used,  and  labor  performed  in  the 
construction  of  all  work,  from  the  center  of  the  street,  shall  be 
charged  to  each  applicant,  to  which  shall  be  added  five  (5)  per 
centum  of  the  actual  cost  of  labor,  fixtures  and  materials  furnished. 

§ 469.  (3)  Permit  to  use  water  from  another's  hy- 

drant.— No  person  shall  take  or  use  water  from  hydrant  not  his 
own,  or  from  a hydrant  upon  premises  other  than  those  of  which 
he  is  tenant,  without  first  obtaining  a permit  therefor  from  the 
Water- works  Department. 

§470.  (4)  Attachments  — sizes. — All  attachments  for 


General  Ordinances. 


333 


§§  471 — 473.  Water-works — Regulations  and  Rates. 


ordinary  service  shall  be  made  with  brass  service  cock,  y2,  y, 
or  1 inch  diameter  of  water  way.  For  making  attachments  to 
supply  water  for  domestic  purposes,  the  service  pipe  shall  be 
graded  in  size  as  follows : For  dwellings  of  not  more  than  10 
rooms,  3^ -inch  service  pipe;  for  dwellings  of  more  than  10  and 
not  over  18  rooms,  ^4-inch  service  pipe  ; for  dwellings  of  more 
than  18  rooms,  ^4-inch  service  pipe  ; for  stores,  one  service  pipe 
from  y2  to  inch  in  diameter,  according  to  the  requirements  ~ for 
laundries,  livery  stables,  stock-yards,  saloons,  barber-shops,  restau- 
rants, small  manufacturies,  etc.,  y2  inch  in  diameter  and  upward, 
as  the  wants  demand.  For  hotels,  hospitals,  railroad  stations  and 
manufactories  requiring  large  quantities  of  water,  the  character 
and  size  of  the  attachments  shall  be  determined  by  the  Superin- 
tendent of  the  water-works. 

§ 471.  (5)  Service  pipes,  inspection  of. — In  all  cases  lead 
service  pipes  shall  be  used  between  the  distributing  pipe  and  the 
premises  to  be  supplied,  and  also  upon  the  premises  when  the  pipe 
is  to  be  trenched,  unless  the  pipe  is  above  two  inches  inside  diam- 
eter, in  which  case,  cast-iron  pipe  may  be  used.  All  pipes  and 
every  stop-cock  shall  be  subject  to  inspection  by  the  Superin- 
tendent, and  if  defective,  their  introduction  shall  not  be  permitted. 

§ 472.  (6)  Depth  of  service  pipe. — Within  the  limits  of 

streets  the  pipe  shall  in  no  case  be  laid  at  a depth  less  than  y/2 
feet  under  the  surface  of  the  street  or  sidewalk. 

§ 473.  (7)  Stop-cocks. — There  shall  be  a brass  stop-cock 

in  each  service  attachment  furnished  by  the  Water-works  Depart- 
ment, which  shall  be  under  its  exclusive  control.  The  stop-cock 
shall  be  placed  in  the  line  of  the  service  pipe  on  the  sidewalk,  just 
inside  of  the  curbstone,  and  about  one  foot  distant  therefrom. 
Each  stop-cock  shall  be  provided  with  a cast-iron  key-tube  and 
cover,  to  be  furnished  by  the  Department,  and  accessible  only  to 
its  agents  and  employees  and  to  plumbers  who  have  obtained  a 
permit  to  do  work  upon  the  premises.  Any  person  tampering  with 
said  key-tube,  its  cover,  or  the  stop-cock,  shall  be  subject  to  the 
penalty  provided  for  in  this  ordinance. 


334 


General  Ordinances. 


§§  474 — 476.  Water-works — Regulations  and  Rates. 


§474.  (8)  No  hydrants  on  streets. — No  hydrant  or 

other  device  for  drawing  water,  projecting  above  the  grade  of  the 
sidewalk  (except  the  public  hydrants  located  by  the  Water-works 
Department),  shall  be  allowed  on  any  street  or  sidewalk,  in  connec- 
tion with  the  water  pipes  of  the  Newport  Water-works.  Any 
consumer  having  a hose  attachment  on  the  sidewalk  may  have  in 
connection  therewith  a curved  pipe  known  as  a “goose-neck,” 
which  shall  be  detached  immediately  after  the  use  of  the  same 
ceases.  The  key  used  in  connection  therewith  shall  also  be  re- 
moved and  the  cover  replaced. 

§ 475.  (9)  Hose  attachments. — Hose  attachments  con- 

nected with  service  pipe  for  sprinkling  streets  and  yards,  and  for 
washing  sidewalks,  walks,  steps,  windows,  etc.,  shall  be  placed  in 
the  yard  whenever  practicable ; when  not  practicable,  they  may  be 
put  on  the  sidewalk  inside  of  the  curbstone,  about  one  foot  distant 
therefrom.  The  box  containing  such  hose  attachments  shall  be 
provided  with  an  iron  cover,  suitably  attached,  and  placed  on  a 
level  with  the  grade  of  the  sidewalk.  No  permit  shall  be  issued 
for  hose  attachment  alone.  No  street  sprinkling  with  hand  hose 
shall  be  allowed  except  in  connection  with  the  ordinary  supplies 
for  domestic  and  manufacturing  purposes.  All  premises  having 
hose  attachments  for  street  sprinkling  only,  shall  be  assessed  at  the 
established  rates  for  all  purposes  for  which  water  may  be  used 
upon  such  premises  from  such  hose  attachment. 

§476.  (10)  Sprinkling  carts. — All  persons  desiring  to 

sprinkle  streets  from  carts  supplied  with  water  from  the  water- 
works, shall  first  obtain  a license  from  the  Water-works  Commis- 
sioners for  each  cart  used  for  that  purpose,  and  shall  give  bond 
with  approved  sureties  in  the  sum  of  $300,  guaranteeing  that  water 
from  sprinkling  carts  shall  be  used  for  no  other  purpose  than  street 
sprinkling.  The  license  granted  for  each  cart  shall  be  for  sprink- 
ling a specified  number  of  squares,  naming  the  said  squares  in 
the  license ; and  each  cart  shall  have  printed,  with  white  paint,  on 
both  sides,  about  midway  of  the  carts,  the  name  of  the  owner,  and 
underneath  it  the  word  “Licensed”  with  the  number  (in  Arabic 


General  Ordinances. 


335 


§ 477 — 482.  Water-works — Regulations  and  Rates. 


numerals)  of  the  license,  both  the  letters  and  figures  to  be  legible 
at  a distance  of  60  feet.  Permits  for  attachments  to  supply  street 
sprinkling  carts  shall  be  granted  to  licensed  sprinklers.  The  num- 
ber and  capacity  of  the  carts,  and  the  localities  within  which  they 
may  operate,  shall  be  determined  by  the  Water-works  Department. 

§477.  (11)  Water  fixtures  on  premises. — On  premises 

supplied  with  water,  the  fixtures,  such  as  hydrants,  draws,  wash- 
basins, etc.,  may  be  such  as  shall  best  suit  the  convenience  of  the 
consumer,  provided  that  they  are  not  so  constructed  as  to  un- 
necessarily waste  water. 

§478.  (12)  Branch  services. — Whenever  water  is  fur- 

nished at  survey  rates,  branch  service  for  hydrants,  stop-cocks, 
draws,  or  any  other  device  used  to  supply  more  than  one  house  or 
premises,  shall  not  be  permitted. 

§ 479.  ( 13)  Extensions  and  alterations. — No  extension 
or  alteration  in  the  water  fixtures  of  any  consumer  shall  be  made 
without  a written  permit  being  first  obtained  from  the  Water- 
works Department  by  the  plumber  engaged  to  do  the  work. 

§480.  (14)  Location  of  hydrants,  etc. — No  hydrant, 

hose  attachment,  faucet,  or  any  other  device  for  obtaining  water 
from  the  service  pipes  shall  be  so  located  as  to  afford  the  public  or 
parties  occupying  adjacent  premises  ready  access  to  them. 

§481.  (15)  Re-issues. — No  plumber  or  other  person  shall 

make  any  attachment  to  any  old  pipe  or  water  fixture  on  premises 
from  which  the  water  has  been  shut  off,  unless  the  party  desiring 
such  work  shall  first  make  application  and  obtain  a permit  for  the 
same. 

§ 482.  (16)  Additions  and  alterations. — No  person  shall 
make  alterations  in  any  pipe  or  water  fixture  attached  to  the  dis- 
tributing pipes,  to  conduct  water  into  adjoining  premises,  or  into 
stables,  baths,  water-closets,  fountains,  or  for  any  other  purpose 
whatever  without  application  having  been  first  made  and  a written 
permit  obtained  from  the  Water-works  Department  for  each  sep- 
arate job  of  such  alteration,  and  the  plumber,  after  the  completion 


336 


General  Ordinances. 


§§  483 — 486.  Water-works — Regulations  and  Rates. 


and  test  of  any  job  of  plumbing,  shall  in  all  cases  close  the  stop- 
cock on  the  sidewalk,  and  return  his  permit  with  the  proper  report 
setting  forth,  in  case  of  first  introduction,  the  purposes  for  which 
the  water  is  to  be  used,  and  the  number  of  draws,  etc.,  and,  in 
case  of  an  extension  or  alteration,  the  nature  of  such  extension  or 
alteration. 

§ 483.  (17)  Filling  cisterns. — A person  whose  premises 

have  not  been  assessed  survey  rates,  or  whose  consumption  of 
water  is  not  measured  by  meter,  may  fill  his  cistern  from  the 
water  works  after  obtaining  a permit  for  each  time  such  cistern  is 
to  be  filled,  and  paying  for  such  water. 

§ 484.  (18)  Hand  hose  — use  oE. — The  flooding  of  streets 
and  gutters,  the  sprinkling  of  streets,  yards  and  gardens,  and  the 
washing  of  sidewalks,  steps,  windows  and  fronts,  with  hose  nozzle 
larger  than  of  an  inch  in  diameter,  the  use  of  any  other  than 
spray  nozzle  in  the  sprinkling  of  brick  streets,  the  use  of  leaky  hose 
attachments,  broken  caps  and  boxes,  and  the  suffering  of  water 
to  run  when  not  in  use,  are  hereby  prohibited. 

§485.  (19)  Fire  protection. — Connection  with  the  dis- 

tributing pipes  to  supply  hydrants,  stand  pipes,  etc.,  for  the  ex- 
tinguishment of  fire,  may  be  made  upon  the  written  application  of 
any  person.  Such  connection  shall  not  be  more  than  four  inches  in 
diameter.  All  work  pertaining  thereto,  from  the  street  main  to  the 
curbstone,  shall  be  done  by  the  Water- works  Department ; and  the 
cost  of  such  labor  and  of  all  materials  used,  together  with  an 
addition  of  5 per  centum,  shall  be  borne,  as  provided  in  Section  2 
of  this  ordinance,  by  the  applicant.  Water  from  such  fire  hy- 
drants, stand  pipes,  etc.,  shall  not  be  used  for  any  other  purpose 
than  that  specified  in  the  permit. 

§ 486.  (20)  Repairs. — Every  consumer  of  water  shall  keep 

his  service  pipe,  stop-cocks,  stop-cock  key  boxes  and  covers,  and 
all  other  apparatus  in  good  condition  and  repair.  Should  the  stop 
cock  box  contain  debris,  and,  by  reason  thereof,  it  becomes  neces- 
sary to  take  up  such  box  to  clean  the  same,  the  cost  of  recleaning 


General  Ordinances. 


337 


§§487 — 491.  Water-works — Regulations  and  Rates. 


and  resetting  shall  be  borne  by  the  property  owner,  when  the  cause 
for  such  cleaning  and  resetting  is  known  to  be  the  fault  of  owner. 

§487.  (21)  Fountains. — Permits  for  fountains  shall  be 

issued  semi-annually.  Each  such  permit  shall  specify  the  hours 
that  the  fountain  will  be  permitted  to  play.  The  supply  pipes  to 
all  fountains  shall  be  provided  with  stop-cocks,  under  the  control 
of  the  Water- works  Department.  Assessments  of  fountains  shall 
be  for  the  period  for  which  the  permit  is  granted.  At  the  expira- 
tion of  such  period  the  water  shall  be  turned  off,  unless  another 
permit  is  granted. 

§488.  (22)  Boilers. — Steam  boilers  receiving  their  supply 

of  water  directly  from  the  service  pipe,  and  depending  upon  the 
hydraulic  and  hydrostatic  pressure  of  the  water-works,  shall  be  at 
the  risk  of  the  owners  thereof.  Hydraulic  elevators,  water  motors, 
and  all  other  machines  the  motive  power  of  which  is  water  ob- 
tained from  the  water-works,  shall  be  provided  with  a meter. 

§489.  (23)  Builders'  permits. — Permits  to  use  water  for 

building  purposes  shall  be  issued  upon  application  by  the  owner, 
architect,  agent  or  contractor.  The  applicant  must  state,  on 
blanks  furnished  by  the  Department,  what  stone-work,  brick-work, 
concrete,  plastering,  etc.,  is  to  be  done.  Payment  therefor  shall 
be  made  in  advance,  at  the  established  rates.  Should  a contractor, 
builder  or  owner  fail  to  get  the  prescribed  permit  for  the  use  of 
water,  the  Water-works  Department  shall  make  an  assessment  for 
the  water  consumed  in  the  work,  and  the  amount  of  such  assess- 
ment shall  be  charged  to  the  owner  of  the  property,  and  such 
owner  shall  not  be  granted  water  privileges  until  such  charges 
are  paid. 

§490.  (24)  Water  tanks. — Where  water  is  received  into 

tanks,  and  the  building  thence  supplied,  such  tanks  shall  be  kept 
water-tight,  and  the  supply  pipes  to  the  same  shall  be  provided 
with  ball-cocks,  which  must  be  kept  in  working  order. 

§491.  (25)  Meters. — The  Water- works  Commissioners 

may,  at  their  option,  permit  the  consumer  of  water  to  have  a meter 


(22N  ) 


33§ 


General  Ordinances. 


§ 492.  Water-works — Regulations  and  Rates. 


attached  to  his  service  pipe,  or  said  Commissioners  may  attach 
meters  whenever  they  deem  it  necessary  to  prevent  the  unneces- 
sary or  careless  waste  of  water ; or  said  Commissioners  may  re- 
move, or  cause  the  removal  of,  any  meter  and  charge  survey  rates, 
whenever  they  shall  deem  it  to  the  best  interest  of  the  Water-works 
Department.  When  a meter  is  attached  at  the  request  of  the  con- 
sumer, it  shall  be  done  at  his  expense ; when  by  order  of  the  Com- 
missioners, the  latter  shall  bear  the  expense,  and  the  meter  shall 
remain  the  property  of  the  Water-works  Department.  For  sup 
plying  water  to  tenement  houses,  block  buildings,  flats,  and  build- 
ings or  premises  constructed  and  arranged  in  a similar  manner  and 
occupied  by  a number  of  tenants,  one  service  pipe  and  one  meter 
only  may  be  used,  and  the  water  shall  be  charged  to  the  owner  of 
such  building  or  premises.  If  any  meter  fails  to  correctly  indicate 
the  quantity  of  water  consumed,  then  the  quantity  of  water  used 
during  such  time  as  the  meter  was  disabled  shall  be  assessed  by 
the  Water-works  Department.  No  person,  other  than  an  author- 
ized agent  of  the  Department,  shall  do  any  work  upon  or  in  any 
way  interfere  with  any  meter  used  in  measuring  water  from  the 
water-works. 

§492.  (26)  Assessments  and  payments.  — After  the 

plumbing  work  is  finished,  and  returns  made  by  the  plumber  are 
found  to  agree  with  the  survey  made  by  the  Water-works  Depart- 
ment, the  assessments  shall  be  made  according  to  the  established 
rates  for  the  period  of  one  year,  and  payment  shall  be  made  in 
advance  for  the  time  intervening  between  the  date  of  turning  on 
the  water  and  the  date  of  the  next  semi-annual  prepayment  of 
water  rates.  Survey  water  rates  shall  be  paid  in  advance  to 
April  1st  and  October  1st  of  each  year.  The  survey  water  rates 
shall  be  payable  during  the  first  ten  days  of  April  and  October  of 
each  year,  at  the  office  of  the  Secretary  of  the  Water- works  De- 
partment. Consumers  of  water  having  meters  shall  pay  their  bills 
monthly  or  quarterly,  as  may  be  required  by  the  Water- works  De- 
partment. Meter  rates  shall  be  payable  within  ten  days  after  bills 
therefor  have  been  rendered,  and  such  consumers  may  be  required 


General  Ordinances 


339 


§§  493 — 497*  Water- works — Regulations  and  Rates. 


by  the  Department  to  make  a deposit  of  money  sufficient  to  secure 
the  payment  of  water  rates. 

§493.  (27)  Enforcement  of  rules  and  regulations. — 

These  rules  and  regulations  shall  be  enforced  by  such  officers  and 
agents  as  the  Commissioners  may  appoint.  For  the  purpose  of 
making  assessments,  or  assessments  and  inspection,  such  officers 
and  agents  shall  have  access,  at  proper  hours  of  the  day,  to  all 
premises  supplied  with  water  from  the  water-works. 

§494.  (28)  Constant  flow  of  water. — The  flow  of 

water  into  watering-troughs  in  excess  of  what  may  be  necessary 
to  supply  the  actual  wants  of  stock  is  prohibited.  The  continuous 
flow  of  water  from  hydrants,  faucets,  draws,  water-closets,  urinals, 
or  any  other  apparatus  connected  with  the  service  pipe,  is  also 
prohibited.  Permitting  the  use  of  water  for  any  other  purpose 
than  specified  in  the  permit,  permitting  leaks  and  permitting  water 
to  run  unnecessarily,  will  in  each  case  be  followed  by  the  stoppage 
of  water  and  the  infliction  of  the  penalties  prescribed  herein. 

§495.  (29)  Penalties. — Any  consumer  violating  or  per- 

mitting the  violation  of  any  of  the  rules  and  regulations  governing 
the  introduction,  supply  and  consumption  of  water,  shall,  in  addi- 
tion to  the  fine  hereinafter  imposed,  have  the  water  supply  shut 
off,  and  it  shall  not  be  turned  on  again  until  the  expenses  incident 
to  such  shutting  off  and  turning  on,  as  provided  by  ordinance,  shall 
have  been  paid.  In  case  of  repeated  violations  of  said  rules,  the 
service  attachment  shall  be  withdrawn  from  the  distributing  pipe. 

§496.  (30)  Penalties.' — Any  person  violating  any  of  the 

provisions  of  this  ordinance  shall  be  fined  not  less  than  one  dollar 
nor  more  than  fifty  dollars  for  each  offense ; such  fine  to  be  im- 
posed and  recovered  by  the  City  Police  Court. 

§497.  (31)  Meter  RATES. — All  consumers  having  meters 

shall  be  charged  15  cents  per  thousand  gallons,  but  special  meter 
rates  may  be  made  to  any  manufacturer  by  the  Commissioners  of 
Water-works  [at  not  less  than  seven  cents  per  thousand  gallons.] 
(Words  in-  brackets  added  by  amendment,  August  10,  1899.) 


340 


General  Ordinances 


§ 498.  Water-works — Regulations  and  Rates. 


( See  also  Sections  303,  306,  507  and  509,  for  changes  and  addi- 
tions to  this  section.)  * 

§ 498.  (32)  Survey  rates. — The  rates  for  water  in  the 

City  of  Newport,  Ky.,  when  no  meter  is  used  shall  be  as  follows : 

For  a dwelling-house  occupied  by  one  family,  containing  one 
or  two  rooms,  $4  per  annum ; three  or  four  rooms,  $5  per  annum  ; 
five  or  six  rooms,  $6  per  annum  ; dwelling-houses  containing  more 
than  six  rooms  and  less  than  seventeen,  shall  be  charged  at  the 
rate  of  $1  per  room,  and  those  containing  more  than  sixteen  rooms 
shall  be  charged  at  the  rate  of  50  cents  for  each  additional  room. 

Dwelling-houses  occupied  by  more  than  one  family  shall  be 
charged  at  the  above  rates  for  one  family,  and  $2.50  for  each 
additional  family. 

Boarding-houses  shall  pay  the  same  rates  as  above  for  houses 
containing  the  same  number  of  rooms,  and  50  cents  additional  for 
each  room. 

For  public  baths — cold,  $6 ; warm,  $8  per  annum. 

For  private  baths — cold,  $3 ; warm,  $6  per  annum. 

For  water-closets  in  public  houses,  $5  to  $10  per  annum ; in 
private  houses,  $3  per  annum. 

* Note. — Pursuant  to  this  section  the  rates  to  manufacturers  were 
fixed  by  the  Commissioners  of  Water-works  as  follows: 

Be  it  resolved  by  the  Board  of  Commissioners  of  Water-works  of 
Newport,  Ky.,  That  pursuant  to  and  under  authority  of  an  ordinance  regu- 
lating and  fixing  the  rates  for  water  sold  to  sundry  consumers,  approved 
July  20,  1899,  the  said  Board  of  Commissioners  here  and  now  agrees  to* 
establish  the  following  rates  to  be  charged  to  all  local  manufacturers 
consuming  water,  to-wit : 

Annual  consumption  under  300,000  gallons,  fifteen  cents  per  thousand. 

Annual  consumption  from  300,000  to  600,000  gallons,  twelve  cents  per 
thousand. 

Annual  consumption  from  600,000  to  1,000,000  gallons,  eleven  cents 
per  thousand. 

Annual  consumption  over  1,000,000  gallons,  ten  cents  per  thousand. 

Those  residing  outside  the  city  limits  shall  be  added  25  per  centum*, 
as  prescribed  in  above  quoted  ordinance. 

Be  it  further  resolved,  That  all  rates  in  conflict  with  aforesaid  resolu- 
tion are  hereby  repealed.  (Adopted  March  23,  1904.) 


General  Ordinances. 


34 1 


§§499 — 501.  Water-works — Regulations  and  Rates. 


For  stationary  washstands  with  hydrant  attachments — public, 
$5  ; private,  cold,  $1  ; warm,  $2 ; and  barbers’  washstands,  $3  per 
annum. 

Plug  and  hose  hydrants  for  street  sprinkling  purposes,  $3  for 
each  house  of  30  feet  front  or  less,  per  summer  season ; and  for  all 
fronts  exceeding  30  feet,  at  the  rate  of  6 cents  for  each  additional 
front  foot.  Corner  buildings  shall  be  charged  the  above  rates  for 
both  streets.  Rates  for  hose  plugs  and  hose  hydrants  shall  be  paid 
in  advance  on  April  1st  of  each  year. 

Barber  shops,  $2  per  annum  for  each  chair 

For  transient  and  wagon-yard  stables,  $2  per  annum  for  each 

stall. 

Smith  shops,  $2  per  annum  for  each  forge. 

For  each  carriage,  buggy  or  wagon,  $1  per  annum. 

For  each  horse  and  each  cow,  $1.50  per  annum. 

For  saloons,  from  $5  to  $20  per  annum. 

For  offices,  stores  and  schools,  $2  to  $10  per  annum. 

For  each  water-trough,  $6  per  annum,  payable  one  year  in 
advance,  and  no  abatement  shall  be  made  for  any  part  of  the  year 
that  such  trough  is  not  in  use. 

Brick-work,  ten  cents  per  thousand ; plastering,  three  cents 
for  each  bushel  of  lime  used ; and  stone  work,  three  cents  for 
each  perch. 

§499.  (33)  Rates  — bakeries,  etc. — Bakeries,  fountains, 

plugs,  other  than  for  street  sprinkling;  restaurants  and  urinals, 
shall  be  assessed.  All  manufacturers  and  large  consumers  of  water 
shall  be  assessed  according  to  the  size  of  the  establishment ; and 
for  every  fifty  hands  employed  an  additional  charge  of  $5  per 
annum  shall  be  made,  or  the  amount  shall  be  determined  by  meter, 
as  hereinbefore  provided. 

§500.  (34)  Rates  — outside  consumers. — All  consumers 

outside  of  the  corporate  limits  shall  pay  the  rates  fixed  by  this 
ordinance  and  25  per  centum  in  addition  thereto. 

§ 5QI-  (35)  Rates  — payment  oe. — The  water  shall  not  be 
turned  on  until  the  rates  are  paid  in  advance.  If  the  subsequent 
rates  are  not  paid  within  ten  days  after  they  become  due,  the  water 


342 


General  Ordinances. 


§§  502 — 505.  Water- works — Regulations  and  Rates. 


may  be  shut  off ; and  where  there  is  a cistern  on  the  premises,  the 
water  shall  not  be  turned  on  again  until  the  rates  up  to  the  time 
of  such  turning  on  again  are  paid ; and  where  there  is  no  cistern, 
the  rates  due  up  to  the  time  when  the  water  was  turned  off  shall 
first  be  paid ; and  when  the  service  stop-cock  has  been  withdrawn, 
$5  shall  be  charged  for  resetting  the  same.  In  all  cases  where  the 
water  is  turned  off  because  of  delinquency  in  the  payment  of 
water  rates,  or  on  account  of  abuse  of  water  privileges,  the  con- 
sumer shall  pay  one  dollar  to  defray  the  cost  of  turning  off  and  on. 

§ 502.  (36)  Repealing  clause. — All  ordinances,  parts  of 

ordinances,  all  rules  and  regulations,  or  parts  of  rules  and  regu- 
lations in  conflict  with  this  ordinance  are  hereby  repealed,  and  this 
ordinance  shall  take  effect  and  be  in  force  from  and  after  its 
passage  and  approval. 


An  Ordinance  fixing  water  rates  of  the  City  of  Newport  for  hydraulic 
elevators.  (Approved  December  6,  1899.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

§ 503.  (1)  Water  rates  — hydraulic  elevators. — That 

each  person  or  persons  having  and  using  hydraulic  elevators  in 
the  City  of  Newport  shall  pay  at  the  rate  of  ten  (10)  cents  per 
thousand  gallons  of  water  of  said  city  consumed  in  the  operation 
of  same. 

§ 504.  (2)  Outside  consumers. — Any  person  or  persons 

having  and  using  such  hydraulic  elevators  outside  the  corporate 
limits  of  said  city  shall  pay  such  additional  rate  to  that  prescribed 
in  Section  1 hereof  as  is  required  and  provided  for  by  ordinance 
of  other  consumers  of  water  outside  said  corporate  limits. 

§ 5°5-  (3)  Rules  and  regulations. — Each  person  or  per- 
sons named  herein  shall  be  subject  to  all  the  rules,  regulations  and 
laws  governing  the  Water-works  Department  of  said  city,  and  this 
ordinance  shall  take  effect  and  be  in  force  from  and  after  its 


passage. 


General  Ordinances. 


343 


§§  506 — 509.  Water-works — Rates. 


An  Ordinance  fixing  meter  rates  for  water  rents  in  the  City  of  New- 
port, Ky.  (Approved  July  16,  1902.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§506.  (1)  Water  rates. — That  all  consumers  of  water 

supplied  by  the  Water  Works  Department  of  the  City  of  New- 
port by  meter  measurement  shall  be  charged  a uniform  rate  of 
fifteen  cents  per  one  thousand  gallons  consumed,  except  when  the 
quarterly  consumption  is  less  than  ten  thousand  gallons,  when  a 
minimum  quarterly  rate  of  $1.50  shall  be  charged.  When  two  or 
more  premises  are  supplied  with  one  meter,  and  the  quarterly 
consumption  is  in  the  aggregate  less  than  one  thousand  gallons, 
then  for  each  house  there  shall  be  charged  the  above  minimum 
quarterly  rate  of  $1.50. 

§ 507.  (2)  Exception. — This  ordinance  shall  not  apply  to 

manufacturers  or  large  consumers,  but  they  shall  be  governed  by 
the  rates  as  heretofore  fixed. 

§ 508.  (3)  Repealing  clause. — All  ordinances  or  parts  of 

ordinances  in  conflict  herewith  are  hereby  repealed. 


An  Ordinance  fixing  the  rate  for  water  works  of  the  City  of  Newport,  Ky., 
to  large  consumers  other  than  manufacturers.  (Approved  April  18, 
1904.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 5°9-  ( 1 ) Water  rates  — large  consumers. — That  the 

meter  rates  for  large  consumers  of  water  be,  and  the  same  are 
hereby  established  as  follows : 

Those  using  from  three  hundred  thousand  (300,000)  to  two 
million  five  hundred  thousand  (2,500,000)  gallons  annually,  twelve 
(12)  cents  per  thousand  gallons;  those  using  over  two  million 
five  hundred  thousand  (2,500,000)  gallons  annually,  ten  (10) 
cents  per  thousand  gallons. 


344 


General  Ordinances. 


§§  510 — 512.  Water-works — Rules  for  Plumbers. 


§ 510.  (2)  Repealing  clause. — Any  ordinance  or  part  of 

ordinance  in  conflict  herewith  is  hereby  repealed. 


An  Ordinance  providing  rules  to  govern  persons  engaged  in  the  business 
of  plumbing  in  the  City  of  Newport,  Ky.,  and  prescribing  penalties  for 
their  violation.  (Approved  March  31,  1899.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§511.  (1)  Plumbers  — license  — permit,  — No  person 

shall  lay  any  service  pipe,  or  do  any  kind  of  plumbing-  connected 
with  the  introduction  and  supply  of  water  from  the  water  works, 
unless  he  is  licensed  by  the  Commissioners  of  Water  Works  to  do 
business  as  a plumber,  and  has  first  obtained  written  permits  from 
the  Water  Works  Department  for  each  separate  job  of  plumbing 
which  he  may  wish  to  perform. 

§ 512.  (2)  License  — application. — Any  plumber  wish- 

ing to  do  business  in  connection  with  the  Newport  Water  Works 
shall,  before  receiving  license  to  do  so,  file  in  the  office  of  the 
Superintendent  of  Water  .Works  his  application  in  writing,  giving 
the  name  of  the  applicant  and  the  place  of  business,  and  asking  to 
become  a licensed  plumber  in  connection  with  the  water  works. 

The  application  must  contain  satisfactory  evidence  that  the 
applicant  is  a competent  plumber,  and  is  willing  to  be  governed 
by  the  rules  and  regulations  which  have  been  or  may  be  provided 
by  ordinance;  and  every  plumber  shall  not  only  be  subject  to  the 
rules  and  regulations  which  now  exist  or  may  hereafter  be  passed 
by  the  General  Council,  but  he  shall  also  enter  into  covenant,  with 
one  or  more  sureties,  to  be  approved  by  the  Commissioners  of 
Water  Works,  to  indemnify  and  save  harmless  the  City  of  New- 
port from  all  accidents,  damages  and  losses  which  said  city  may 
sustain  by  reason  of  any  neglect  or  imperfection  of  work  on  his 
part,  and  that  he  will  conform  to  and  be  governed  by  such  rules 
and  regulations  as  may  be  adopted  by  said  Commissioners  and  the 
General  Council. 


General  Ordinances. 


345 


§ § 5 1 3 — 5x6-  Water-works — Rules  for  Plumbers. 


All  licenses  granted  shall  expire  December  31st  annually,  and 
each  plumber  desiring  to  continue  his  business  must  make  appli- 
cation for  the  renewal  of  license  in  December  of  each  year. 

A fee  of  one  dollar  shall  be  charged  for  issuing  each  license 
hereunder. 

§513.  (3)  Laying  service  pipe. — In  removing  sidewalk 

paving  and  in  opening  trenches  for  laying  service  pipe  and  making 
repairs  or  extensions,  the  stone,  brick,  sand,  gravel,  earth,  and 
whatever  other  material  may  have  to  be  penetrated  and  passed, 
must  be  removed,  and  shall  be  replaced  in  proper  condition,  so  as 
to  leave  the  sidewalk  in  perfect  repair,  and  the  plumber  shall  be 
required  to  keep  it  so  for  the  space  of  one  year  from  the  date  of 
such  work.  No  trench  or  hole  in  any  sidewalk  shall  be  left  open 
during  the  night. 

§ 514.  (4)  Plumbers’  returns. — Plumbers  shall  make  full 

and  complete  returns  of  the  uses  to  which  water  is  applied  under 
each  permit  granted.  Said  returns  shall  be  made  by  the  plumber 
doing  the  work  within  twenty-four  hours  after  the  completion  of 
said  work.  The  water  shall  not  be  turned  on  until  after  said 
return  is  made  and  the  work  reported  to  be  in  accordance  with 
the  rules  and  regulations  herein  prescribed. 

§ 5 1 5.  (5)  Stop-cock. — When  any  work  in  connection  with 

the  water  service  of  any  premises  which  have  been  reported  upon 
is  done  by  any  plumber,  and  in  the  prosecution  thereof  the  stop- 
cock is  turned,  the  service  shall  be  left  in  the  same  condition, 
with  reference  to  the  water  being  turned  on  or  off,  in  which  it 
was  when  such  work  was  commenced,  unless  the  Water  Works 
Department  direct  otherwise. 

§516.  (6)  Stop-cock  boxes. — For  the  purpose  of  remov- 

ing stop-cock  box  covers  whenever  necessary,  plumbers  shall  in 
all  cases  use  the  proper  key  or  wrench  for  each  of  the  several 
kinds  of  covers  which  are  now  or  may  hereafter  be  put  in  use; 
and  no  cold-chisel  or  other  improper  tool  shall  be  used  for  such 
purpose.  Covers  when  replaced  must  be  firmly  secured,  so  that 
the  same  can  not  be  removed  by  hand,  and  when  this  is  impos- 


346 


General  Ordinances. 


§§  5 17 — 519.  Weights  and  Measures. 


sible,  by  reason  of  the  cover  being  in  bad  order,  it  shall  be  the 
duty  of  the  plumber  to  at  once  report  the  fact  to  the  Water  Works 
Department. 

§ 5:7-  (7)  Fines  and  forfeiture. — Any  plumber  violating 

this  ordinance,  or  who  shall,  either  voluntarily  or  at  the  request 
of  any  consumer  or  subscriber,  introduce  any  pipe,  hydrant,  bath, 
water-closet,  urinal,  or  any  other  device  or  fixture,  without  a 
permit  issued  by  the  Water  Works  Department,  shall  forfeit  his 
license,  and  the  same  shall  not  be  renewed,  nor  shall  he  be  allowed 
to  do  business,  either  for  himself  or  for  any  other  plumber,  in  con- 
nection with  the  water  works  until  after  the  expiration  of  thirty 
(30)  days  from  the  time  his  said  license  became  so  forfeited, 
when  the  same  may  be  renewed;  and  he  shall  be  further  subject 
to  a fine,  to  be  imposed  by  the  city  police  court,  of  not  less  than 
$10  nor  more  than  $50  for  each  and  every  offense. 

Any  person  other  than  a licensed  plumber  who  does  any 
plumbing  connected  with  the  distributing  system  of  the  water 
works  shall  be  subject  to  a fine,  to  be  imposed  by  the  city  police 
court,  of  not  less  than  $25  nor  more  than  $75  for  each  and  every 
offense. 

§518.  (8)  Repealing  clause. — That  all  ordinances  or 

parts  of  ordinances  conflicting  herewith  be,  and  the  same  arc 
hereby  repealed,  and  this  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  approval. 


WEIGHTS  AND  MEASURES. 

An  Ordinance  regulating  weights  and  measures  in  the  City  of  Nepwort,  Kv. 
(Approved  September  18,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport . Ky. 

§519.  (1)  Weights  and  measures  — tested. — That  the 

weights  and  measures  of  all  articles  sold  or  bought  in  the  City 
of  Newport  shall  be  weighed  and  measured  upon  scales'  or  meas- 


General  Ordinances. 


347 


§ 520.  Weights  and  Measures. 


ures  duly  tested,  sealed  and  stamped  by  the  Marketmaster  of  the 
City  of  Newport. 

§ 520.  (2)  Bushel  — weights  oe  various  articles. — The 

following  shall  be  the  standard  of  weights  and  measures  in  said 
city,  and  the  following  weights  shall  constitute  a bushel  of  each 
article  named,  respectively : 

Wheat 60  pounds 

Shelled  corn 56  pounds 


Corn  in  the  ear,  seventy  pounds  from  the  1st  of  November 
to  the  1st  of  May  following,  and  from  the  1st  of  May  to  the  1st 
of  November  following,  sixty-eight  pounds. 


Rye 

Shelled  oats 

Barley 

Irish  potatoes 

Sweet  potatoes.  . . . 

White  beans 

Castor  beans 

Clover  seed 

Timothy  seed 

Flax  seed 

Millet  seed 

Peas  

Blue  grass  seed. . . 

Buckwheat  

Dried  apples 

Dried  peaches.  . . . 

Onions  . . . .* 

Bottom  onion  sets 

Salt  

Stone  coal 


56  pounds 
32  pounds 
47  pounds 
60  pounds 

55  pounds 
60  pounds 
45  pounds 
60  pounds 
45  pounds 

56  pounds 
50  pounds 
60  pounds 
14  pounds 

56  pounds 
24  pounds 
39  pounds 

57  pounds 
36  pounds 
50  pounds 
76  pounds 


The  term  coal  includes  anthracite,  cannel,  bituminous,  and 
other  mined  coal. 


Bran  

Plastering  hair. 

Turnips  

Unslacked  lime 
Cornmeal  


20  pounds 
8 pounds 
60  pounds 
35  pounds 
50  pounds 


348 


General  Ordinances. 


§ 521 — 525.  Weights  and  Measures. 


Fine  salt 55  pounds 

Hungarian  grass  seed 50  pounds 

Ground  peas 24  pounds 

Orchard  grass  seed 14  pounds 

English  blue  grass  seed 14  pounds 

Hemp  seed 44  pounds 

§521.  (3)  Irish  potatoes — bounds  to  barrel. — One 

hundred  and  sixty  pounds  net  of  Irish  potatoes  shall  constitute  a 
merchantable  barrel. 

§ 522.  (4)  Coal  — penalty  for  selling  unscreened  for 

screened. — Any  person  selling  unscreened  coal  for  screened  coal 
shall  be  subject  to  a fine  of  not  less  than  five  nor  more  than 
twenty  dollars,  recoverable  by  warrant  before  the  Police  Judge. 

§ 523.  (5)  False  weights,  using  — penalty. — Any  per- 

son who  shall  buy  or  sell  by  any  weight,  balance  or  measure  that 
does  not  correspond  to  and  agree  with  the  standard  weights  and 
measures  adopted  by  the  city,  or  shall  keep  the  same  for  the  pur- 
pose of  buying  and  selling  therewith,  shall  be  fined  four  dollars 
for  each  offense,  or  a like  sum  for  every  month  he  may  continue 
to  keep  the  same. 

§ 524.  (6)  Hundred-weight. — The  hundred-weight  shall 

consist  of  one  hundred  pounds  avoirdupois,  and  two  thousand 
such  pounds  shall  constitute  a ton,  and  all  contracts  hereinafter 
made  shall  be  construed  accordingly,  unless  the  contrary  be 
stipulated. 


An  Ordinance  prescribing  a penalty  for  the  use  of  any  other  carts  or 
wagons  for  hauling  and  delivering  coal  to  purchasers  in  the  City  of 
Newport  than  those  of  a certain  size  and  capacity.  (Became  a law  by 
passage  over  Mayor’s  veto  March  18,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§525.  (1)  Coal  carts  — size. — That  all  persons  residing 

in  or  out  of  the  City  of  Newport,  who  shall  hereafter  run  any 
cart  or  carts,  wagon  or  wagons,  in  or  into  said  city,  for  the  haul- 


General  Ordinances. 


349 


§§  526 — 529.  Weights  and  Measures. 


ing  of  or  delivering  of  coal  to  purchasers  thereof,  shall  use  said 
cart  or  carts,  wagon  or  wagons,  of  the  following  sizes  and  capaci- 
ties, to-wit : Twelve  and  one-half  bushels,  or  twenty-five  bushels, 
or  fifty  bushels,  or  one  hundred  bushels,  and  no  other  size  or  sizes 
or  capacities,  and  a bushel  shall  be  a lawful  bushel  according  to 
the  standard  of  weights  and  measures  of  the  said  city. 

§ 526.  (2)  Penalty. — Any  person  or  persons  violating  the 

first  section  of  this  ordinance  shall,  upon  conviction,  be  fined  in 
anv  sum  not  less  than  five  dollars  nor  more  than  twenty-five 
dollars  and  costs  of  prosecution. 


An  Ordinance  regulating  the  sale  of  coal  within  the  City  of  Newport,  Ky. 

(Approved  April  11,  1898.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 527.  ( 1 ) Coal  — sale  by  bushel  — That  any  person  who 

shall,  within  the  limits  of  the  City  of  Newport,  sell  any  coal  b)^ 
the  bushel  or  bushels  of  a weight  less  than  seventy-six  pounds 
avoirdupois  to  the  bushel  shall,  for  each  offense,  be  fined  four 
dollars  upon  conviction  in  the  police  court  of  said  city.  The  term 
coal  shall  include  anthracite,  cannel,  bituminous,  and  other  mined 
coal. 

§528.  (2)  Coal  — duties  of  marketmaster. — For  the 

purpose  of  more  effectively  enforcing  the  provisions  of  this  ordi- 
nance, the  Marketmaster  and  the  police  of  said  city  are  herebv 
authorized  and  empowered  to  inspect,  at  all  times  and  places,  coal 
sold  and  being  delivered  in  said  city,  and  when  deemed  necessary, 
any  such  coal  so  sold  and  being  delivered  may  be  ordered  by  said 
Marketmaster  or  police  taken  to  the  said  city’s  public  scales  and 
weighed. 

§ 529*  (3)  Penalty. — Any  person  refusing  to  permit  the 

Marketmaster  or  any  of  the  police  of  the  city  to  inspect  any  coal 
under  his  charge  and  about  to  be  delivered  by  him  as  heretofore 
provided,  or  shall  refuse,  after  being  lawfully  ordered,  to  imme- 


350 


General  Ordinances. 


§§  530—532.  Scales. 


diately  convey  such  coal  to  the  said  public  scales  to  be  weighed, 
shall  be  subject  to  immediate  arrest,  and  upon  conviction  of  same 
in  the  city  court  shall  be  fined  not  less  than  ten  nor  more  than 
twenty-five  dollars  for  each  offense. 


An  Ordinance  concerning  retail  dealers  in  coal.  (Approved  August  8,  1905.) 
Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 530.  (1)  Coal  — sold  by  bushel  — tested  scale. — That 

any  and  all  persons,  firms  or  corporations  dealing  in  coal  in  the 
City  of  Newport,  Ky.,  dealing  out  and  selling  same,  shall  be 
required  to  have  upon  their  wagon  or  other  conveyance  used  in 
carrying  and  delivering  coal  by  the  bushel,  a tested  scale,  and  he 
shall  weigh  and  sell  coal  per  bushel  according  to  the  standard 
weights  and  measures  in  the  United  States  and  the  State  of 
Kentucky. 

§ 531.  (2)  Penalty.— That  any  person,  firm  or  corpora- 

tion violating  the  provisions  of  this  ordinance  shall  be  fined  in  a 
sum  not  to  exceed  twenty-five  dollars,  in  the  discretion  of  the 
Police  Judge. 


An  Ordinance  prescribing  a penalty  for  using  private  scales  for  public 
purposes.  (Approved  August  17,  1896.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 532.  (1)  Private  scales  — penalty  for  using  eor  pub- 

lic purposes. — That  any  person  or  persons  in  the  City  of  New- 
port, who  shall  use  any  private  scales  for  weighing  wood,  coal, 
lime,  hay,  or  any  other  articles  whatever,  which  either  are  now 
or  which  may  hereafter  be  brought  to  said  city  for  sale,  shall, 
upon  due  conviction  thereof  in  the  police  court  of  said  city,  be 
fined  in  a sum  not  more  than  twenty  dollars  nor  less  than  ten 
dollars  and  costs  of  prosecution. 


General  Ordinances. 


35i 


§§  533—537-  Wharves. 


WHARVES. 


An  Ordinance  fixing  the  rates  of  wharfage  in  the  City  of  Newport,  Ky., 
and  the  mode  of  enforcing  the  collection  of  same  and  penalties  thereon. 
(Approved  November  6,  1894.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

§ 533-  (0  Improved  wharves  — rates. — That  each  steam- 

boat, keelboat  and  model  barge,  landing  at  any  of  the  improved 
wharves  of  the  City  of  Newport,  shall  pay  to  the  said  city  for 
wharfage  for  each  twenty-four  hours  or  any  part  thereof  the  fol- 
lowing rates,  to-wit : Each  steamboat,  keelboat  or  model  barge 

of  fifty  tons  and  less  than  three  hundred  tons,  $2.50 ; each  steam- 
boat, keelboat  or  model  barge  of  three  hundred  tons  and  less  than 
five  hundred  tons,  $3 ; each  steamboat,  keelboat  or  model  barge  of 
five  hundred  tons  and  less  than  seven  hundred  tons,  $5. 

§534.  (2)  Wharf  — sections  — rates. — That  the  im- 

proved wharf  from  the  western  limit  of  Columbia  street  up  the 
Ohio  River  is  hereby  divided  into  sections  of  one  hundred  and 
forty  feet  each  for  the  use  of  coal  barges,  flatboats,  stoneboats, 
woodboats  or  sandboats,  and  the  tenant  shall  pay  for  the  use  of 
each  section  for  wharfage  the  sum  of  nine  dollars  per  week. 

§ 535-  (3)  Lumber,  etc.,  craft  — rates. — That  lumber 

and  log  rafts  landing  at  any  of  the  improved  wharves  of  the  city 
shall  pay  for  each  twenty-four  hours,  or  any  part  thereof,  for 
wharfage,  forty  cents  for  each  sixteen  feet  in  length  of  said  raft. 

§ 536.  (4)  Rates  per  twenty-four  hours. — That  all 

boats  and  other  craft  landing  at  other  than  the  improved  wharves 
shall  pay  for  each  twenty-four  hours,  or  any  part  thereof,  for 
wharfage  at  an  amount  equal  to  one-fourth  the  above  rates. 

§ 5'37*  (5)  Wharfmaster — duties — powers. — The  Wharf  - 

master,  or  such  other  officer  of  the  city  as  may  have  charge  of  the 
wharves,  shall,  in  case  of  a failure  or  refusal  to  pay  the  charges 
aforesaid,  take  charge  and  possession  of  the  boat,  barge  or  other 
craft,  and  hold  the  same,  its  tackle  and  furniture,  or  so  much 


352 


General  Ordinances. 


§§  538—539-  Wharves. 


thereof  as  may  be  sufficient,  until  the  wharfage  fees  and  costs  are 
paid,  and  may  therefor  file  suit  before  any  court  having  juris- 
diction against  the  owner  and  person  in  charge,  and  proceed  to 
judgment  and  sale  of  the  said  property  to  satisfy  said  claim. 

§538.  (6)  Water  craet  used  as  dwelling  — rates  — 

penalty. — That  any  person  occupying  any  of  the  wharves,  or 
any  portion  thereof,  with  any  boat  or  watercraft  of  any  kind  to 
be  used  or  occupied  as  a residence  or  dwelling,  shall  pay  the  sum 
of  one  hundred  dollars  per  month  for  each  month  of  occupancy, 
and  at  the  same  rate  for  any  part  of  a month,  which  said  sum 
shall  be  paid  in  advance  by  the  person  for  the  time  he  or  she,  or 
the  owner  or  occupant  thereof,  desires  to  occupy  said  wharf  with 
said  craft,  and  same  can  be  collected  by  civil  process,  and  for 
failure  to  pay  same,  upon  conviction  the  person  so  failing  shall 
be  fined  fifteen  dollars  for  each  day  so  occupying  said  wharves 
without  having  paid  said  wharfage. 

§ 539-  (7)  Repealing  clause. — All  ordinances  in  conflict 

herewith  are  hereby  repealed. 


PART  IV. 

Special  Ordinances  of  the  City  of  Newport. 


(23N) 


SPECIAL  ORDINANCES. 


Subjects  — 
Bridges. 

Light. 

Railways. 

Railways  — Private. 


Subjects  — 

Street  Railways. 
Telegraph  and  Telephone. 
Tax,  Exemption. 
Turnpikes. 


Water  Works. 


BRIDGES. 


An  Ordinance  granting  to  the  Central  Railway  and  Bridge  Company  the 
right  to  construct  and  operate  a bridge  across  the  Ohio  river  from 
Newport,  Ky.,  to  Cincinnati,  O.  (Passed  June  7,  1888.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the  City 
of  Newport,  Ky. 

Section  1.  Right  or  way. — That  in  consideration  of  the 
building  of  a bridge  between  the  cities  of  Newport  and  Cincin- 
nati, and  the  benefits  resulting  therefrom,  the  right  of  way  is 
hereby  granted  to  the  Central  Railway  and  Bridge  Company  to 
construct  and  operate  a bridge  from  Taylor  street,  between  York 
and  Columbia  streets,  in  Newport,  Ky.,  across  the  Ohio  river  to 
Cincinnati,  and  to  use  such  parts  of  Taylor,  Eglantine  and  Front 
streets,  and  the  Public  Landing  west  of  York  street,  as  may  be 
necessary  for  the  construction  and  operation  thereof,  provided 
that  said  bridge  shall  cross  Front  street  at  an  altitude  of  not  less 
than  sixteen  (16)  feet,  and  shall  cross  Eglantine  street  at  an  alti- 
tude of  not  less  than  eleven  (11)  feet,  and  so  as  not  to  obstruct 
the  public  landing  more  than  is  necessary  for  the  construction  of 
a pier  or  piers  thereon. 

Sec.  2.  Tax  exemption. — - Said  bridge,  its  properties  and 
appurtenances  necessary  to  be  used  and  purchased  in  the  con- 
struction, shall  be  exempt  from  taxation  during  construction  only, 
but  shall  be  subject  to  taxation  thereafter. 


356 


Special  Ordinances. 


Bridges — Central  Railway  and  Bridge  Company. 


Sec.  3.  Bridge — kind  oe — discrimination  eorbidden. — 
Said  bridge  shall  be  constructed  for  foot  passengers,  vehicles  and 
street  cars,  and  there  shall  be  no  discrimination  in  favor  of  or 
against  any  person  or  corporation,  but  no  steam  cars  shall  be 
allowed  to  run  over  this  bridge. 

Sec.  4.  Rights  reserved  to  city. — The  city  reserves  the 
right  to  make  all  necessary  improvements  in  the  way  of  drainage, 
sewerage,  water  and  gas  privileges,  and  in  case  the  construction 
of  the  bridge  shall  render  it  necessary  to  make  changes  in  the 
above  improvements,  it  shall  be  at  the  expense  of  said  bridge 
company,  and  the  said  city  shall  not  be  liable  in  damages  to  either 
person  or  property  by  reason  of  the  construction  of  said  bridge, 
but  for  all  such  damages  the  bridge  company  shall  be  alone  liable. 

Sec.  5.  Rates  of  toll. — In  consideration  of  this  grant,  the 
rates  of  toll  over  said  bridge  shall  be  as  follows : For  each 

vehicle  drawn  by  one  horse,  ten  (10)  cents  for  each  crossing,  or 
eleven  ( 1 1 ) tickets  for  one  dollar ; for  each  vehicle  drawn  by  two 
horses,  fifteen  (15)  cents  for  each  crossing,  or  seven  (7)  tickets 
for  one  dollar ; for  each  vehicle  drawn  by  three  horses,  twenty 
(20)  cents  for  each  crossing,  or  five  (5)  tickets  for  one  dollar; 
for  each  vehicle  drawn  by  four  horses,  twenty-five  (25)  cents  for 
each  crossing,  or  four  (4)  tickets  for  one  dollar ; for  foot  passen- 
gers, one  hundred  (100)  coupon  crossings  for  one  dollar,  fifty 
(50)  coupon  crossings  for  fifty  cents,  twenty-five  (25)  coupon 
crossings  for  twenty-five  cents,  ten  (10)  coupon  crossings  for  ten 
cents,  and  four  (4)  single  tickets  for  five  cents,  and  children 
under  six  years  of  age  to  go  free  when  accompanied  by  parents 
or  guardian. 

Sec.  6.  Time  OF  completion. — Said  bridge  shall  be  con- 
structed and  completed  within  four  years  from  the  passage  of  this 
ordinance,  but  the  work  and  construction  thereof  shall  be  com- 
menced within  one  year,  and  be  continued  proportionably  to 
completion. 

Sec.  7.  When  to  take  effect. — This  ordinance  shall  take 
effect  from  and  after  its  passage. 


Special  Ordinances. 


357 


Bridges — Central  Railway  and  Bridge  Company. 


An  Ordinance  granting  to  the  Central  Railway  and  Bridge  Company  the 
right  to  change  the  grade  of  York  and  Third  streets,  in  Newport,  Ky., 
so  as  to  conform  to  the  grade  of  the  bridge  at  its  intersection  with  said 
streets.  (Passed  June  8,  1891.) 

Be  it  ordained  by  the  Mayor  and  Board  of  C ouncilmen  of  the  City 

of  N ewp or t,  Ky. 

Section  1.  Right  to  change  street  grades. — That  the 
privilege  is  hereby  granted  to  the  Central  Railway  and  Bridge 
Company  to  change  the  grades  of  York  and  Third  streets  in  said 
city  so  as  to  conform  with  the  approach  of  said  bridge,  and  the 
grade  thereof,  at  its  intersection  with  said  streets,  said  change  so 
to  be  made  and  done  at  the  sole  cost  and  expense  of  said  bridge 
company,  and  under  the  supervision  and  approval  of  the  City 
Engineer  of  the  City  of  Newport,  and  in  accordance  with  the 
plans  and  specifications  hereto  attached  and  made  part  of  this 
ordinance. 

Sec.  2.  City  heed  harmless. — That  the  Central  Railway 
and  Bridge  Company  are  to  hold  the  City  of  Newport  harmless 
by  reason  of  any  damage  by  the  changes  hereby  contemplated. 

Sec.  3.  No  STREET  RAILWAY  TRACK  TO  BE  LAID. — That  no 
street  railway  tracks  shall  be  laid  under  the  provisions  of  this 
ordinance. 

Sec.  4.  When  to  take  EEEECT. — This  ordinance  shall  take 
effect  from  and  after  its  passage. 


An  Ordinance  granting  to  the  Kenton  County  and  Campbell  County  Bridge 
Company  the  right  to  construct  and  maintain  an  approach  to  its  bridge 
across  the  Licking  river,  on  Eleventh  street  west  of  Brighton  street. 
(Passed  November  17,  1892.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the  City 
of  Newport,  Ky. 

Section  1.  Right  of  way. — That  there  be  and  is  hereby 
granted  unto  the  Kenton  County  and  Campbell  County  Bridge 


35» 


Special  Ordinances. 


Bridges — Kenton  County  and  Campbell  County  Bridge  Company. 


Company  the  right  to  construct  and  maintain  an  approach  to  its 
bridge  crossing  the  Licking  river,  on  the  central  twenty-two  feet 
of  Eleventh  street,  from  the  west  line  of  Brighton  street  to  the 
west  line  of  Lowell  street,  and  then  along  Eleventh  street  to  the 
bridge  company’s  property  on  the  south  side  thereof ; provided, 
that  the  said  approach  shall  not  take  up  at  any  place  more  than 
twenty-two  feet  of  the  street,  and  shall  leave  a space  of  twenty- 
two  feet  from  the  line  of  lots  on  said  Eleventh  street  and  the 
approach  to  the  bridge,  except,  however,  that  west  of  Lowell 
street  it  may  use  the  street  immediately  in  front  of  its  own 
property,  leaving,  however,  twenty-two  feet  clear  in  front  of  the 
property  on  the  opposite  side  of  the  street ; and  provided,  further, 
that  no  pier  or  abutment  shall  be  built  on  Lowell  street,  but  it 
shall  be  bridged,  and  the  lowest  part  of  the  bridge  structure  shall 
be  at  least  sixteen  and  one-half  feet  above  the  top  of  the  rail  of 
the  switch  track  of  the  Louisville  and  Nashville  Railroad  as  now 
laid ; and  provided,  further,  that  should  Lowell  street  be  improved 
by  original  construction,  then  said  bridge  company,  at  its  own 
proper  cost,  shall  either  raise  said  approach  so  as  to  be  sixteen 
and  one-half  feet  between  the  crown  of  the  street  and  the  lowest 
part  of  the  bridge  structure,  or  lower  said  approach  to  the  grade 
of  Lowell  street  so  improved. 

Sec.  2.  Bond  required. — Before  any  work  shall  be  done 
on  said  approach,  the  said  Kenton  County  and  Campbell  Countv 
Bridge  Company  shall  execute,  with  good  security,  to  be  approved 
by  the  Board  of  Councilmen,  a bond,  conditioned  that  the  obligors 
therein  will  save  the  city  harmless  from  any  loss,  damages  or 
expense  that  may  be  incurred  by  the  city  in  any  proceeding  by 
property  holders  abutting  on  said  street,  or  by  any  other  per- 
sons whatsoever,  arising  from  the  granting  of  the  rights  herein 
conferred. 

Sec.  3.  When  to  take  EEEect. — This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  approval. 

(Bond  accepted  November  17,  1892.) 


Special  Ordinances. 


359 


Bridges — Newport  and  Cincinnati  Bridge  Company. 


An  Ordinance  granting  the  Newport  and  Cincinnati  Bridge  Company  the 
use  of  a portion  of  a street  for  the  purpose  of  a bridge.  (Passed 
May  12,  1868.) 

Be  it  ordained  by  the  City  Council  of  the  City  of  Newport,  Ky. 

Section  1.  Right  oe  way. — That  a perpetual  grant  is 
hereby  made  to  the  Newport  and  Cincinnati  Bridge  Company  of 
such  portion  of  Saratoga  street,  if  found  practicable,  and  if  not 
so  found,  then  of  any  other  street  in  said  city  between  the  Lick- 
ing river  and  the  east  line  of  East  Row  street,  as  may  be  neces- 
sary for  the  construction  of  the  abutments,  superstructure  and 
approaches  to  said  bridge,  and  for  the  use  and  operation  thereof. 

Sec.  2.  Bridge  — kind  oe. — Said  bridge  shall  be  con- 
structed and  used  for  the  passage  of  vehicles  and  foot  passengers 
across  the  Ohio  river,  and  for  railroad  purposes. 

Sec.  3.  Rights  restricted  — wharf,  portion  oe  granted. 
— This  ordinance  shall  vest  in  said  company  only  such  rights  and 
privileges  as  the  City  of  Newport  may  lawfully  grant  in  such 
streets  for  the  uses  and  purposes  before  mentioned,  and  said 
bridge  shall  be  constructed  so  as  to  prevent  as  little  obstruction 
as  possible  to  the  ordinary  use  of  such  streets  ; and  the  said  com- 
pany shall  have  the  free  use  of  the  unimproved  wharf,  east  of 
Monmouth  street,  as  they  may  need  in  the  construction  of  said 
bridge,  not  to  exceed  two  years  from  the  passage  of  this  ordinance. 

Sec.  4.  Rates  OE  toll. — In  consideration  of  the  foregoing 
grant,  the  rates  of  toll  over  said  bridge  shall  be  as  follows,  viz. : 
Packages  of  one  hundred  tickets,  to  foot  passengers,  one  dollar  to 
all  persons  who  apply  for  the  same ; one  horse  and  dray,  ten  cents 
for  a single  crossing ; one  horse  and  express  wagon,  ten  cents  ; 
one  horse  and  buggy,  fifteen  cents. 

Sec.  5.  Written  acceptance. — This  ordinance  shall  take 
effect  upon  the  bridge  company’s  filing  a written  acceptance  of 
the  terms  and  conditions  contained  therein. 

(Accepted  May  14,  1868.) 


360 


Special  Ordinances. 


Bridges — Newport  and  Cincinnati  Bridge  Company. 


An  Ordinance  granting  to  the  Newport  and  Cincinnati  Bridge  Company 
the  right  to  reconstruct  and  change  the  grade  of  that  part  of  Saratoga 
street,  between  Taylor  and  Bellevue  streets,  in  Newport,  Ky.  (Passed 
February  2,  1888.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the  City 

of  Newport , Ky. 

Section  1.  Right  to  change  grade  of  streets. — That 
from  and  after  the  passage  of  this  ordinance  there  shall  be,  and 
there  is  hereby  granted  to  the  Newport  and  Cincinnati  Bridge 
Company,  in  order  to  facilitate  the  approaches  to  their  bridge 
across  the  Ohio  river,  the  right  is  given  to  reconstruct  and  change 
the  grade  of  that  part  of  Saratoga  street,  between  Taylor  and 
Bellevue  streets,  in  the  City  of  Newport,  and  to  extend  the  sewer 
in  Saratoga  street  to  the  north  line  of  Madison  street,  together 
with  the  necessary  catch  basins  and  connections,  so  that  it  shall 
conform  to  the  plan  and  specifications  on  file  in  the  office  of  the 
City  Engineer,  which  plan  and  specifications  are  made  part 
hereof.  All  of  said  work  to  be  done  under  the  superintendence 
and  subject  to  the  approval  of  the  City  Engineer  and  at  the 
expense  of  the  bridge  company,  and  to  be  completed  within  six 
(6)  months  from  the  passage  of  this  ordinance. 

Sec.  2.  Streets  to  be  placed  and  kept  in  repair. — The 
part  of  Saratoga  street  named  in  section  one  (1),  and  its  side- 
walks, and  the  parts  of  Bellevue,  Southgate  and  Taylor  streets, 
so  far  as  affected  by  the  work  aforesaid,  are  to  be  put  in  complete 
order,  and  in  such  manner  as  to  interfere  as  little  as  possible  with 
the  use  and  travel  of  the  streets.  And  after  the  said  work  shall 
have  been  completed,  the  said  company  is  to  keep  continually  in 
good  repair  the  street  between  the  rails  of  the  railroad  track,  and 
within  three  (3)  feet  outside  of  the  same. 

Sec.  3.  Bond  required. — This  grant  is  made  upon  the 
express  condition  that  the  city  is  not  to  be  liable  or  subjected  to 
any  damage  to  persons  or  property  which  may  be  caused  by  the 


Special  Ordinances. 


361 


Bridges — Newport  and  Cincinnati  Bridge  Company. 


work  done  under  it,  but  for  any  such  damage  and  for  any  claim 
that  may  be  presented  by  property  holders  in  the  condemnation 
of  their  property  abutting  on  said  streets  or  alleys,  the  said  New- 
port and  Cincinnati  Bridge  Company  shall  alone  be  liable ; and 
before  any  work  shall  be  done  under  this  ordinance,  bond  with 
sufficient  surety,  to  be  approved  by  the  Mayor  of  this  city,  shall 
be  given  to  the  city,  conditioned  to  protect  and  save  the  city 
harmless  from  all  such  damages  and  claim. 

Sec.  4.  Take  EEFECT  when  bond  executed. — This  ordi- 
nance shall  take  effect  and  be  in  force  from  its  passage  and  as 
soon  as  the  bond  is  executed  which  is  required  in  Section  3. 

(Bond  accepted  May  24,  1888.) 


An  Ordinance  granting  to  the  Newport  and  Cincinnati  Bridge  Company 
the  right  to  change  its  approaches  to  its  bridge,  and  providing  for  certain 
conditions  thereto.  (Approved  August  10,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

Section  1.  Right  to  change  approaches. — That  the  New- 
port and  Cincinnati  Bridge  Company  is  hereby  granted  the  right 
to  change  its  approaches  to  its  bridge  over  the  Ohio  river  under 
certain  conditions  on  its  part,  to  be  performed  as  hereinafter  set 
forth  and  specified,  and  as  according  to  a certain  plan  hereto 
attached  and  made  part  hereof,  marked  Exhibit  “A,”  which  said 
plan  and  specifications,  together  with  a copy  of  same,  shall  remain 
on  file  in  the  City  Clerk’s  and  Engineer’s  office  of  the  City  of 
Newport. 

Sec.  2.  To  change  grade  of  street. — That  pursuant  to 
the  right  to  change  its  approaches,  the  said  Newport  and  Cincin- 
nati Bridge  Company  is  hereby  granted  the  right  to  change  the 
grade  of  Saratoga  street  from  a point  one  hundred  feet  south  of 
the  south  line  of  Fourth  street  to  and  upon  the  approach  to  its 


362 


Special  Ordinances. 


Bridges — Newport  and  Cincinnati  Bridge  Company. 


said  bridge,  and  to  raise  and  lower  said  Saratoga  street  from  said 
point  northwardly  to  First  street,  in  accordance  with  a plan  and 
specifications  therefor,  which  is  attached  hereto  and  made  a part 
hereof,  marked  Exhibit  “B,”  which  said  plan  and  specifications 
shall  remain  on  file  as  provided  for  Exhibit  “A”  ; and  said  New- 
port and  Cincinnati  Bridge  Company  shall  have  the  right  to 
reconstruct  its  approaches  to  its  said  bridge,  including  steam  rail- 
way, street  railway,  vehicle  and  foot  passenger  wav,  according  to 
the  plan  for  the  same  which  is  attached  hereto  and  made  a part 
hereof,  marked  Exhibit  “C,”  which  shall,  together  with  copies  of 
same,  remain  on  file,  as  provided  for  Exhibits  “A”  and  “B”  ; and 
the  said  Newport  and  Cincinnati  Bridge  Company  shall  have  the 
right  to  change  the  grade  of  Third  street,  from  Monmouth 
street  to  Washington  avenue,  according  to  the  plan  and  specifica- 
tions for  same  hereto  attached  and  made  a part  hereof,  marked 
Exhibit  “D,”  which  shall  remain  on  file,  as  provided  for  Exhibits 
“A,”  “B”  and  “C  ” 

Sec.  3.  Expense  borne  by  company. — That  the  said  New- 
port and  Cincinnati  Bridge  Company  shall  undertake  and  do,  and 
pay  for  all  material,  work  and  labor  necessary  to  change  the 
grades  of  Saratoga  street  and  Third  street,  and  the  reconstruct- 
ing of  same,  including  sidewalks,  and  same  shall  be  done  in  a 
good  and  workmanlike  manner,  satisfactory  to  the  Superintendent 
of  Public  Works  and  City  Civil  Engineer  of  the  City  of  Newport, 
and  shall  be  done  in  such  a manner  and  with  such  dispatch  as 
shall  least  obstruct  public  travel  over  same ; and  the  said  bridge 
company  shall,  at  its  own  expense,  reconstruct  the  approaches  of 
Fourth  street,  Southgate  street  and  Parker  alley,  from  points  one 
hundred  feet  east  of  Saratoga  street  to  one  hundred  feet  west  of 
Saratoga  street,  except  Parker  alley,  which  shall  be  to  a point  one 
hundred  and  thirty-two  feet  west,  so  as  to  conform  to  the  recon- 
structed grade  of  Saratoga  street,  in  accordance  with  plans  and 
specifications  therefor  made  a part  hereof  and  marked  Exhibit 
“E,”  which  shall  remain  on  file  as  provided  for  Exhibits  “A,” 
“B,”  “C”  and  “D,”  and  said  work  shall  be  done  in  a manner 


Special  Ordinances. 


363 


Bridges — Newport  and  Cincinnati  Bridge  Company. 


satisfactory  to  the  Superintendent  of  Public  Works  and  City 
Civil  Engineer. 

Sec.  4.  Street  to  be  constructed  by  company. — That  the 
said  Newport  and  Cincinnati  Bridge  Company,  in  lieu  of  the  part 
of  Saratoga  street  on  the  west  side  of  its  present  structure  between 
First  and  Third  streets,  which  is  hereby  granted  to  it  for  bridge 
approach  purposes,  shall  purchase  therefor  property  on  the  west 
side  of  Saratoga  street,  between  First  street  and  Third  street,  and 
construct  at  its  own  expense,  and  dedicate  to  the  City  of  Newport, 
a street  from  said  First  to  Third  street,  to  be  built  according  to 
plans  and  specifications  therefor  as  contained  in  Exhibits  “A” 
and  “B,”  and  to  the  satisfaction  of  the  Superintendent  of  Public 
Works  and  City  Civil  Engineer. 

Sec.  5.  Damages  to  property,  paid  by  company  — how 
determined. — That  the  said  Newport  and  Cincinnati  Bridge 
Company  shall  pay  for  all  damage  that  may  accrue  to  property 
fronting  and  abutting  Saratoga  street  from  the  point  one  hun- 
dred feet  south  of  Fourth  street  to  First  street,  fronting  and  abut- 
ting Third  street  from  Monmouth  street  to  Washington  avenue, 
fronting  and  abutting  Fourth  street  from  a point  one  hundred  feet 
east  of  Saratoga  street  to  a point  one  hundred  feet  west  of  Sar- 
atoga street,  fronting  and  abutting  Southgate  street  from  a point 
one  hundred  feet  east  of  Saratoga  street  to  a point  one  hundred 
feet  west  of  Saratoga  street,  and  fronting  and  abutting  Parker 
alley  from  a point  one  hundred  feet  east  of  Saratoga  street  to  a 
point  one  hundred  and  twenty-two  feet  west  of  Saratoga  street, 
by  reason  of  any  change  or  changes  to  the  said  company’s 
approach  or  approaches  to  its  said  bridge,  and  by  reason  of  any 
change  or  changes  of  the  grades  of  said  streets  and  alley  between 
said  points  made  by  it  pursuant  to  this  ordinance.  And  for  the 
purpose  of  arriving  at  the  amount  of  damage  done  to  property, 
there  shall  be  a Committee  of  Assessment  and  Arbitration  of 
three  members  appointed,  two  of  whom  shall  be  residents  of 
Newport,  which  said  committee  shall  be  appointed  as  follows : 
Within  thirty  days  after  the  acceptance  of  this  ordinance  by  the 


364 


Special  Ordinances. 


Bridges — Newport  and  Cincinnati  Bridge  Company. 


said,  the  Newport  and  Cincinnati  Bridge  Company,  the  said  com- 
pany shall  appoint  one  person  as  a member  of  said  committee,  the 
owners  of  the  property  fronting  and  abutting  the  said  streets 
between  the  points  named  (a  majority  of  same  in  number  acting 
in  the  matter)  shall  appoint  one  person  as  a member  of  said  com- 
mittee, and  these  two  thus  appointed  shall  appoint  the  third  mem- 
ber. If  the  two  can  not  agree  upon  the  third  member  within  ten 
(io)  days  after  the  appointment  of  the  last,  then  the  Mayor  of 
the  City  of  Newport  shall  at  once  appoint  the  said  third  member. 
The  said  committee  thus  formed  shall  immediately  be  sworn  to 
properly  perform  their  duty  and  proceed  to  assess  and  award 
damages,  and  they  shall  present  to  the  General  Council,  at  a date 
not  later  than  thirty  days  after  the  completion  of  the  changes  and 
work  proposed,  their  final  estimate  and  award  of  damages,  and 
thereupon  the  said  bridge  company  shall  pay  to  the  owners  of 
property  damaged  the  award  of  damages  to  them.  The  said 
bridge  company  shall  pay  all  the  expenses  of  the  said  assess- 
ment, arbitration  and  award  of  damages,  including  the  pay  of  the 
committee.  The  said  committee  shall  be  governed  by  the  law 
provided  for  like  services  and  duty  in  the  State  of  Kentucky. 

Sec.  6.  Railroad  track. — The  said,  the  Newport  and  Cin- 
cinnati Bridge  Company  shall  have  and  maintain  but  one  single 
track  at  Saratoga  street  for  steam  railway  purposes,  from  Fifth 
street  in  and  on  to  its  bridge. 

Sec.  7.  Acceptance  in  writing. — The  said,  the  Newport 
and  Cincinnati  Bridge  Company  shall,  within  thirty  days  after 
the  approval  of  this  ordinance,  accept  the  same  in  writing,  agree- 
ing to  comply  with,  adopt  and  perform  all  of  its  conditions,  said 
acceptance  to  be  properly  signed  by  its  officers  with  power  thereto, 
and  said  company  shall  at  the  same  time  furnish  to  the  City  of 
Newport  a good  and  satisfactory  bond,  conditioned  that  it  will 
pay  to  it  and  to  the  owner  or  owners  of  property  fronting  and 
abutting  Saratoga  street,  Fourth  street.  Third  street,  Southgate 
street  and  Parker  alley,  any  and  all  loss  or  damage  it  or  they  may 


Special  Ordinances. 


365 


Bridges — Newport  and  Cincinnati  Bridge  Company. 


sustain  by  reason  of  any  of  the  changes  provided  for  and  granted 
pursuant  to  the  provisions  of  this  ordinance,  or  by  reason  of  any 
of  the  rights  hereby  in  this  ordinance  granted. 

Sec.  8.  Rates  oe  toll. — In  consideration  of  this  grant,  the 
rates  of  toll  over  said  bridge  shall  be  as  follows : 

For  each  vehicle  drawn  by  one  horse,  to  cents  for  each 
crossing,  or  eleven  tickets  for  $1. 

For  each  vehicle  drawn  by  two  horses,  15  cents  for  each 
crossing,  or  seven  tickets  for  $1. 

For  each  vehicle  drawn  by  three  horses,  20  cents  each 
crossing,  or  five  tickets  for  $1. 

For  each  vehicle  drawn  by  four  horses,  25  cents  each 


crossing,  or  four  tickets  for  $1. 

For  foot  passengers  — 

One  hundred  coupon  crossings  for $1  00 

Fifty  coupon  crossings  for 50 

Twenty-five  coupon  crossings  for 25 

Ten  coupon  crossings  for 10 

Four  single  tickets 5 


Children  under  six  years  of  age  to  go  free  when  accompanied 
by  parents  or  guardian. 

Sec.  9.  When  to  take  EEFect. — This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  approval. 

(Accepted  in  writing  of  date  August  21,  1895.) 

(Acceptance  filed  and  bond  approved  — Board  of  Council, 
September  5,  1895;  Board  of  Aldermen,  September  12,  1895  l 


366 


Special  Ordinances. 


Light — Newport  Light  Company. 


LIGHT. 

An  Ordinance  further  providing  for  the  lighting  of  the  City  of  New- 
port, Ky.*  (Passed  June  3,  1880.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the  City 
of  Newport,  Ky. 

Section  1.  Extent  oe  grant. — That  from  and  after  the 
passage  of  this  ordinance  there  shall  be,  and  is  hereby  granted 
unto  the  Newport  Light  Company  and  their  successors  the  exclu- 
sive privilege  of  using  any  or  all  of  the  streets,  lanes,  commons, 
alleys  and  public  places  of  the  city  for  the  purpose  of  laying  pipes 
to  convey  and  supply  gas  to  the  said  City  of  Newport  and  others. 
This  privilege  is  granted  for  the  term  of  twenty-five  years  from 
the  date  hereof,  and  until  the  city  shall  give  said  company  twelve 
(12)  months’  notice  to  terminate  the  same,  and  embraces  the 


* Note. — By  the  stipulations  of  the  contract,  the  Newport  Light  Com- 
pany and  its  successors,  from  and  after  the  nth  of  June,  1882,  was  given 
the  exclusive  privilege  of  using  the  streets,  public  places,  etc.,  of  the  city 
for  the  purpose  of  laying  pipes  to  convey  and  supply  gas  to  the  city  and 
others,  said  privilege  to  be  so  enjoyed  and  used  for  the  term  of  twenty-five 
years  from  June  n,  1882,  and  until  the  city  should  give  the  company  twelve 
months’  notice  to  terminate  the  same.  City  of  Newport  vs.  Newport  Light 
Co.,  84  Ky.  166 ; 8 R.  22. 

A contract  between  a city  and  the  light  company,  granting  to  the  latter 
the  exclusive  use  of  the  streets  for  a term  of  years,  for  the  purpose  of  laying 
pipes  to  supply  gas  to  the  city,  and  providing  that  the  company  may  adopt 
any  other  mode  equal  to  gas  for  supplying  light  to  the  city  and  its  inhab- 
itants, provided  the  same  shall  be  done  at  no  greater  cost  to  the  city  than 
the  gas  light,  does  not  give  to  the  light  company  the  right  to  use  the  streets 
of  the  city  for  the  erection  of  appliances  necessary  for  the  introduction 
of  electric  light.  In  case  of  the  introduction  of  a light  other  than  gas 
requiring  a different  use  of  the  streets,  the  consent  of  the  city  to  such  new 
use  is  necessary.  City  of  Newport  vs.  Newport  Light  Co.,  89  Ky.  454; 
11  R.  840. 

A gas  company  which  has  acquired  the  right,  by  contract,  to  supply  a 
city  and  its  inhabitants  with  gas  for  compensation,  does  not  render  such 
public  service,  by  complying  with  its  contract,  as  will  exempt  its  real  and 
personal  property,  located  within  the  city,  from  the  municipal  taxation  that 
is  imposed  upon  the  property  of  all  other  corporations  and  of  all  natural 
persons  of  such  city.  Newport  Light  Co.  vs.  City  of  Newport,  14  R.  464. 


Special  Ordinances. 


367 


Light — Newport  Light  Company. 


right  of  said  company  to  use  said  streets,  lanes,  alleys  and  public 
grounds  for  establishing  and  conducting  said  business.* 

Sec.  2.  Pipes  — how  laid. — That  the  said  pipes,  etc.,  shall 
be  so  placed  as  not  to  interfere  with  the  water,  drain  or  sewer 
pipes  of  said  city,  and  whenever  said  light  company  or  their  suc- 
cessors shall  desire  to  open  any  of  said  streets,  lanes,  alleys,  etc., 
for  the  purpose  of  laying  down  pipes,  it  shall  be  their  duty  to 
give  at  least  five  days’  notice  to  the  city  previous  to  the  com- 
mencement of  the  work.  The  company  shall  not,  during  the 
progress  of  the  work,  unnecessarily  obstruct  public  travel,  and 
shall  within  a reasonable  time,  not  exceeding  thirty  days  after 
the  pipes  are  laid  in  the  streets,  etc.,  repair  said  streets,  in  such 
manner  as  may  be  satisfactory  to  the  city,  where  the  same  have 
been  disturbed  by  such  work  of  the  company,  and  that  in  case  of 
settlement  of  said  streets  within  sixty  days  thereafter,  the  said 
Newport  Light  Company  shall  repave  and  put  the  streets  in  the 
same  condition  as  before  disturbed. 

Sec.  3.  Gas  — rates. — The  said  Newport  Light  Company 
shall  furnish  to  the  City  of  Newport  upon  the  several  streets, 
lanes,  alleys  and  public  places  of  the  City  of  Newport  in  which 
pipes  are  laid,  a continuous  supply  of  gas  (equal  in  quality  to 
Cincinnati  gas)  in  such  quantities  as  the  said  city  may  require 
and  direct  for  the  use  of  the  public  street  lamps  and  public  build- 


* Note). — The  following  appears  of  record,  approved  May  28,  1904: 
Your  Committee  on  Light,  etc.,  to  whom  the  matter  of  the  termina- 
tion of  the  special  privileges,  etc.,  granted  the  Newport  Light  Company,  in 
ordinance  passed  by  the  City  of  Newport,  June  3,  1880,  was  referred, 
respectfully 'recommend  that  the  Mayor  be,  and  he  is  hereby  authorized 
and  empowered  to  notify  the  aforesaid  light  company,  or  their  successors, 
known  as  the  Union  Light,  Heat  and  Power  Company,  of  Covington,  Ky., 
that  the  City  of  Newport,  under  condition  contained  in  Section  1 of  an 
ordinance  entitled  “An  Ordinance  further  providing  for  the  lighting  of  the 
City  of  Newport,  Ky.,”  passed  June  3,  1880,  does  hereby  terminate  and 
refuse  to  extend  the  special  privileges  granted  in  aforesaid  section  in  afore- 
said ordinance,  reserving,  however,  all  other  rights  and  privileges  which 
under  and  by  virtue  of  said  ordinances  are  granted  the  City  of  Newport, 
and  that  the  said  Mayor  take  all  steps  necessary  to  protect  the  city’s  interest 
in  the  premises. 


368 


Special  Ordinances. 


Light — Newport  Light  Company. 


ings  owned  by  the  city  or  ordered  by  the  Board  of  Councilmen 
at  the  rate  of  $1.20  per  one  thousand  cubic  feet.  Said  Board  of 
Councilmen  shall  determine  what  size  burners  shall  be  used,  so 
that  they  shall  not  burn  less  than  four  feet  to  the  hour,  for  each, 
and  the  lighting  thereof  shall  be  regulated  in  such  manner  as  may 
from  time  to  time  be  directed  by  the  Board  of  Council  of  the  City 
of  Newport.  The  amount  of  gas  consumed  by  public  street  lamps 
and  in  public  buildings  owned  by  the  city  to  be  ascertained  by  the 
customary  meter  measurement.  Gas  shall  be  furnished  to  the 
citizens  for  their  private  consumption  at  the  following  rates,  viz. : 
At  $1.90  per  thousand  cubic  feet,  with  five  per  cent,  off  for  cash 
within  ten  days,  for  the  period  of  five  years  from  June  11,  1882; 
at  $1.80  per  thousand  cubic  feet,  with  five  per  cent,  off  for  cash 
within  ten  days,  for  the  period  of  five  years  from  June  11,  1887; 
at  $1.75  per  thousand  feet,  with  five  per  cent,  off  for  cash  within 
ten  days,  for  the  period  of  fifteen  years  from  June  11,  1892. 

Sec.  4.  Public  street  lamps. — That  all  public  street  lamps, 
lamp  posts  and  other  requisite  fixtures  appertaining  thereto,  shall 
be  furnished  by  and  at  the  expense  of  said  Newport  Light  Com 
pany,  and  erected,  at  such  times,  points,  and  in  such  numbers 
(where  the  main  pipes  are  laid)  as  the  city  may  direct;  said  lamps 
to  be  lighted  upon  their  erection,  and  continued  in  use  thereafter 
as  herein  provided ; and  whenever  the  said  city  shall  determine 
that  a gas  post  shall  be  removed  from  one  point  to  another,  or  be 
discontinued,  the  said  Newport  Light  Company  shall  remove  the 
same  at  the  expense  of  said  city  for  such  removal ; and  if  discon- 
tinued, the  same,  including  requisite  fixtures  for  the  lamp  post, 
shall  be  purchased  by  said  city  at  their  original  cost.  Public  street 
lamps  to  be  cleaned,  lighted  and  kept  in  repair  at  the  expense  of 
said  city,  and  if  said  city  should  at  any  time  desire  to  have  public 
street  lamps  erected  at  any  of  the  public  buildings,  or  to  light 
any  street,  lane,  alley,  etc.,  and  the  said  Newport  Light  Company 
should  refuse  to  extend  the  pipes  to  such  situations  in  the  city, 
then  the  said  city  shall  have  the  privilege  of  extending  the  pipes 
at  their  own  cost,  and  to  order  the  erection  of  such  number  of 
public  street  lamps  for  the  purpose  aforesaid  as  they  may  deem 
proper ; and  the  said  public  street  lamps  shall  be  erected  upon 


Special  Ordinances. 


369 


Light — Newport  Light  Company. 


the  same  conditions  and  furnished  with  gas  upon  the  same  terms 
as  the  other  public  street  lamps  of  the  city ; and  the  main  gas 
pipes  so  laid  down  shall  not,  directly  or  indirectly,  be  used  for 
furnishing  gas  except  for  public  street  uses,  nor  shall  other  pipes 
he  laid  down  along  any  part  of  the  streets  so  occupied  by  gas  pipes 
laid  down  at  the  expense  of  the  city  until  the  whole  amount  so 
expended  by  the  city  in  laying  down  said  pipes  be  refunded  to  the 
city  by  said  Newport  Light  Company  and  their  successors,  when 
the  said  pipes  shall  become  the  property  of  the  said  Newport  Light 
Company ; provided  that  the  said  company,  if  required  or  ordered 
so  to  do  by  said  Board  of  Councilmen,  shall  lay  down  on  such 
street  or  streets  as  said  Board  may  designate,  not  less  than  one 
thousand  feet  of  main  gas  pipe  annually. 

Sec.  5.  Right  of  city  to  purchase  under  existing  con- 
tract transferred  to  company. — And  whereas  the  existing 
-contract  of  the  City  of  Newport  with  the  Covington  Gas  Light 
Company  will  expire  on  the  nth  day  of  June.  1882,  and  by  the 
terms  of  said  contract  the  City  Council,  or  those  with  whom  thev 
may  contract  to  light  the  city  thereafter,  may  purchase  the  pipes, 
lamp  posts,  fixtures,  etc.,  of  the  Covington  Gas  Light  Company 
in  the  city,  the  value  of  the  same  to  be  determined  as  provided 
in  the  ordinance  of  June  n,  1857,  entitled  “An  Ordinance  pro- 
viding for  the  lighting  of  the  City  of  Newport,  Ky.,  with  gas” ; 
now,  therefore,  in  consideration  of  the  undertakings  of  the  said 
Newport  Light  Company,  as  stipulated  in  this  ordinance,  the 
said  right  of  purchase,  with  all  the  privileges  incident  or  relating 
thereto,  are  hereby  assigned,  transferred  and  vested  in  the  said 
Newport  Light  Company  in  as  full  a manner  as  the  same  belong 
to  the  City  of  Newport,  and  the  City  of  Newport  hereby  guar- 
antees to  said  Newport  Light  Company  the  accomplishment  of 
said  purchase  and  transfer,  and  the  said  company  hereby  binds 
itself,  in  consideration  of  said  transfer,  to  make  said  purchase  as 
aforesaid,  and  the  said  Newport  Light  Company  is  to  light  the 
city  thereafter  according  to  the  stipulations  and  provisions  of  this 
ordinance. 

Sec.  6.  Right  of  city  to  purchase  ’upon  termination 
of  contract. — The  said  Newport  Light  Company  and  their  suc- 


(24N) 


370 


Special  Ordinances 


Light — Newport  Light  Company — Gas  Compromise. 


cessors  reserve  and  shall  have  the  right  to  remove  any  or  all  their 
pipes  and  lamp  posts,  fixtures,  etc.,  when  this  contract  expires, 
unless  the  same  shall  be  renewed,  or  the  said  city  may  purchase 
said  pipes,  lamp  posts,  fixtures,  etc.,  the  value  of  the  same  to  be 
ascertained  by  five  disinterested  persons,  residents  of  Kentucky, 
two  of  whom  shall  be  chosen  by  the  city,  two  by  the  said  Newport 
Light  Company,  and  the  fifth  by  the  four  so  chosen. 

Sec.  7.  Other  mode  OE  lighting. — Said  company  or  their 
successors  may  adopt  any  other  mode  equal  to  gas  for  supplying 
light  to  the  city  and  its  inhabitants,  etc.,  provided  the  same  shall 
be  done  at  no  greater  cost  or  expense  to  the  city  or  consumers 
than  the  gas  light. 

Sec.  8.  Gas  consumed  by  city. — The  city  is  to  pay  in  cash 
to  said  company  for  the  gas  consumed  by  it  in  the  public  lamps, 
public  buildings  and  elsewhere,  as  the  quantity  may  be  ascertained 
from  the  meters  each  month. 

Sec.  9.  Acceptance  in  writing. — The  said  Newport  Light 
Company  shall,  within  fourteen  days  after  the  passage  of  this 
ordinance,  signify  in  writing  its  acceptance,  and  thereupon  the 
same  shall  become  a binding  contract  between  said  company  and 
the  city,  but  upon  failure  of  the  company  to  accept  the  same,  then 
this  ordinance  may  be  repealed ; provided,  further , that  said  com- 
pany shall,  within  twenty  days  after  the  passage  of  this  ordi- 
nance, execute  bond,  with  good  and  approved  surety,  to  said  city 
for  the  faithful  performance  of  all  its  duties  as  herein  enjoined, 
and  the  strict  compliance  with  all  the  terms,  conditions  and 
requirements  of  this  ordinance. 

Sec.  10.  When  to  take  EEEECT. — This  ordinance  shall  take 
effect  from  its  passage. 

(Acceptance  in  writing  and  bond  filed  June  3,  1880.) 


Resolution  (Gas  Compromise).  (Adopted  March  19,  1887.) 

Whereas,  The  Newport  Light  Company  has  voluntarily  pro- 
posed to  reduce  the  price  of  gas  to  private  consumers  to  one  dollar 
and  fifty-two  cents  ($1.52)  per  thousand  cubic  feet  from  and  after 
the  1st  day  of  April,  1887,  provided  that  a settlement  of  all  the- 


Special  Ordinances. 


37i 


Light — Newport  Light  Company — Gas  Compromise. 


claims  of  said  company  against  the  city  on  the  basis  as  heretofore 
proposed  is  effected. 

Therefore  he  it  resolved,  That  the  following  basis  of  settle- 
ment, time-table  and  proposed  reduction  of  gas  to  private  con- 
sumers be  concurred  in  and  agreed  to  by  this  Board,  and  that  the 
proper  officers  of  the  city  are  hereby  directed  to  at  once  carry  into 
effect  all  the  provisions  of  said  settlement. 

Section  1.  Contract  — terms. — The  city  agrees  to  pay  the 
Newport  Light  Company  the  amount  of  the  judgment,  without 
interest,  and  the  bills  of  the  Newport  Light  Company  which  have 
accrued  since  to  date,  viz.:  February  1,  1887,  without  interest, 
less  one  thousand  ($1,000)  dollars,  payments  to  be  made  of  one 
thousand  ($1,000)  dollars  on  each  month  until  total  is  paid 
without  interest,  the  first  payment  to  be  made  on  the  first  day  of 


April,  1887. 

It  is  agreed  that  the  amount  of  judgment  is.  . . . $15,589  89 

Less  Poor-house  farm  levied  on  and  bought.  ..  . 1,500  00 

Leaving  net  balance  of $14,089  89 

To  which  add  amount  of  gas  bills,  etc.,  as  above 
up  to  February  1,  1887,  less  one  thousand 
($1,000)  dollars 11,431  61  • 

Making  total  indebtedness $25,521  50 


Sec.  2.  Case  dismissed. — The  city  agrees  to  dismiss  the 
appeal  in  the  Court  of  Appeals,  each  party  to  pay  its  own  costs. 

Sec.  3.  Attachment  stayed. — The  light  company  to  stay 
the  attachment  in  the  Campbell  Chancery  Court,  which  was 
brought  to  enforce  collections  of  the  above  judgment,  until  such 
time  as  the  claims  now  pending  and  due  are  paid,  in  conformity 
with  the  agreement,  when  the  light  company  is  to  release  the 
attachment. 

Sec.  4.  Poor-house  farm  may  be  released. — The  light 
company,  upon  settlement  of  the  claims  as  above,  agrees  to 
release  and  cause  to  revert  to  the  city  the  poor-house  farm,  if  the 
city  so  desires,  upon  payment  by  said  city  to  said  light  company 
of  the  exact  amount  paid  by  said  light  company  for  said  farm. 

Sec.  5.  Meters. — The  city  agrees  to  instruct  the  City  Engi- 
neer or  other  city  official  to  see  that  the  meters  in  the  public  build- 


372 


Special  Ordinances. 


Light — Newport  Light  Company — Gas  Compromise. 


ings  and  on  the  lamp  posts  are  correct,  and  that  on  the  last  day 
of  each  month  to  further  see  that  the  statements  of  the  same  are 
properly  taken  by  the  light  company,  and  to  verify  the  bills  of  said 
company,  said  bills  to  be  referred  to  him  for  that  purpose. 

Sec.  6.  Burners. — The  light  company  to  concede  the  right 
of  the  city  under  the  contract  to  designate  the  size  of  the  burners, 
not,  however,  to  be  less  than  four  (4)  feet  burners. 

Sec.  7.  Schedule. — That  the  lighting  and  extinguishing  of 
the  public  street  lamps  in  the  future  shall  be  governed  by  the 
following  time-table.* 

Sec.  8.  Rates  to  private  consumers.—  Said  Newport 
Light  Company,  for  the  purpose  of  meeting  the  views  of  many 
of  its  customers,  voluntarily  propose  that  from  and  after  the  first 
day  of  April,  1887,  for  the  following  five  years,  will  reduce  the 
price  of  gas  to  one  dollar  and  sixty  cents  ($1.60)  per  1,000  cubic 
feet,  with  five  per  cent,  off  for  cash,  if  paid  within  ten  days  after 
the  first  day  of  each  month,  making  the  net  costs  one  dollar  and 
fifty-two  cents  ($1.52)  per  1,000  cubic  feet  ; but  this  action  of 
said  company  shall  not  be  understood  or  made  use  of  in  any  way 
to  affect  the  existing  contract  of  said  company  with  the  City  of 
Newport,  and  to  be  construed  as  a voluntary  act  on  the  part  of 
said  light  company;  and  it  is  hereby  understood  and  agreed  that 
said  voluntary  act  of  the  said  Newport  Light  Company  does  not 
waive  any  existing  rights  or  privileges  granted  them  in  their 
existing  contract. 

Accepted  by  the  Newport  Light  Company. 

Witnessed  by  John  A.  Williamson, 

M.  J.  Costigan.  President. 

Louis  Constans. 


* Note. — The  remainder  of  this  section  is  omitted,  since  gas  street 
lights  have  been  abandoned,  and  by  resolution,  approved  September  14,  1895, 
a certain  sum  was  paid  to  the  Newport  Light  Company  by  the  City  of  New- 
port, “the  same  being  in  full  of  any  and  all  claims  of  whatever  kind  by  the 
Newport  Light  Company  for  damages  under  said  contracts;  but  all  other 
terms  and  conditions  of  said  contracts,  save  alone  any  and  all  obligations 
on  the  part  of  the  City  of  Newport  to  take  gas,  is  to  remain  in  full  force 
and  effect.” 


Special  Ordinances. 


373 


Light — Newport  Light  Company. 


An  Ordinance  granting  to  the  Newport  Light  Company  the  right  and  privi- 
lege of  erecting  poles  in  and  stringing  wires  over  certain  streets  of  the 
City  of  Newport,  Ky.  (Approved  April  15,  1897.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

Section  1.  Right  to  erect  poles,  etc. — streets  included. 
— That  from  and  after  the  passage  of  this  ordinance  there  shall 
be  granted  unto  the  Newport  Light  Company,  its  successors  or 
assigns,  the  right  and  privilege  of  erecting  poles  in,  and  stringing 
wires  through  and  over,  the  streets  hereinafter  named,  as  follows, 
viz.:  Commencing  on  the  east  side  of  York  street,  at  the  present 
office  location  of  the  Newport  Light  Company,  which  is  situated 
between  Seventh  and  Eighth  streets,  on  York  street,  in  said  city, 
running  thence  along  and  over  said  east  side  of  York  street  to 
Second  street,  thence  eastwardly  along  and  over  the  south  side  of 
Second  street  to  Park  avenue,  thence  northwardly  along  the  west 
side  of  Park  avenue  to  First  street,  thence  eastwardly  and  along 
First  street  to  the  east  corporation  line  of  the  City  of  Newport. 

Sec.  2.  Grant  — revocation. — The  right  and  privilege 
herein  granted  shall  be  for  the  purpose  of  furnishing  electric 
light,  subject  to  revocation  at  any  time,  at  the  sole  discretion  of 
the  General  Council. 

Sec.  3.  Rental. — The  said  Newport  Light  Company  shall 
pay  to  the  City  of  Newport,  as  compensation  or  rental  for  the  use 
of  the  streets  as  aforesaid,  the  sum  of  one  hundred  ($100)  dollars 
per  annum,  payable  in  advance  the  first  day  of  February  each  year. 

Sec.  4.  Poles — regulations  concerning. — -That  the  height 
and  location  of  the  poles  herein  authorized  to  be  erected,  and  all 
reasonable  regulations  of  same,  shall  be  subject  to  the  approval  of 
the  Superintendent  of  Public  Works  of  the  city. 

Sec.  5.  City  held  harmless. — That  whenever  the  City  of 
Newport  may  be  held  liable  in  damages  for  injuries  to  private 
property  or  persons  by  . reason  of  this  grant,  the  said  Newport 
Light  Company  hereby  agrees  to  pay  all  such  damages,  or  to 
reimburse  the  said  city  for  same. 


374 


Special  Ordinances. 


Light — Suburban  Electric  Illuminating,  Heating  and  Power  Co. 


Sec.  6.  Acceptance  in  writing. — Should  the  Newport 
Light  Company  fail,  within  thirty  (30)-  days  after  the  approval 
of  this  ordinance,  to  signify  to  the  General  Council  of  the  City  of 
Newport  their  acceptance  of  the  right  and  privilege  granted  by 
this  ordinance,  subject  to  the  limitations  herein  set  out,  then  all 
of  the  right  and  privilege  herein  granted  shall  become  null  and 
void  and  of  no  effect.  Said  company  shall  accept  the  same  in 
writing  ; said  acceptance  shall  be  entered  upon  the  journal  of  both 
Boards  of  said  General  Council,  and  copied  upon  the  ordinance 
book  of  the  City  of  Newport  immediately  following  said  ordinance 
when  recorded. 

Sec.  7.  When  to  take  EEEect. — This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  approval. 

(Accepted  by  Newport  Light  Company  May  3,  i8q 3.) 


An  Ordinance  granting  the  right  of  way  to  the  Suburban  Electric  Illumi- 
nating, Heating  and  Power  Company  to  erect  poles  and  wires  upon  the 
streets,  lanes,  alleys  and  other  public  places  in  the  City  of  Newport,  Ky., 
for  the  purpose  of  supplying  electric  light,  heat  and  power.  (Passed 
June  19,  1890.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the  City 
of  Newport , Ky. 

Section  1.  Right  to  erect  poles,  etc. — That  the  Suburban 
Electric  Illuminating,  Heating  and  Power  Company  are  hereby 
authorized  and  empowered  to  use  the  streets,  lanes,  alleys  and 
other  public  thoroughfares  of  the  City  of  Newport,  Ky.,  for  the 
purpose  of  thereon  erecting  poles,  laying  conduits,  maintaining 
and  operating  electric  light  wires,  mains  and  apparatus  for  the 
distribution  of  electricity  for  light,  heat  and  power,  or  either. 

Sec.  2.  Streets,  etc.,  not  to  be  obstructed. — Said  Subur- 
ban Electric  Illuminating,  Heating  and  Power  Company,  in  the 


Special  Ordinances. 


375 


Light — Suburban  Electric  Illuminating,  Heating  and  Power  Co. 


construction  of  its  lines  or  erection  of  its  wires  for  the  distribu- 
tion of  its  current  of  electricity,  shall  not  unnecessarily  interrupt 
or  obstruct  the  passage  of  any  street,  lane,  alley,  or  other  public 
thoroughfare  in  said  city,  and  shall  erect  said  wires  at  such 
altitude  as  the  Board  of  Council  may  require. 

Sec.  3.  Poles  — HOW  placed. — The  said  Suburban  Electric 
Illuminating,  Heating  and  Power  Company,  in  placing  said  poles, 
shall  erect  them  under  the  supervision  of  the  City  Engineer,  or 
whosoever  the  Board  of  Councilmen  shall  appoint  for  the  pur- 
pose : said  poles  shall  be  straight,  clean-shaven,  and  painted  two 
coats  of  white  paint ; and  wherever  any  portion  of  the  said  streets, 
lanes,  alleys  or  other  public  thoroughfares  shall  be  removed  for 
the  purpose  of  setting  said  poles,  the  said  company  shall  replace 
all  work  on  the  streets  in  good  condition,  and  to  the  entire  satis- 
faction of  the  City  Engineer,  and  shall  give  bond  in  the  sum  of 
ten  thousand  dollars  to  hold  said  city  harmless  for  any  damages 
or  costs  in  any  way  arising  from  its  exercise  by  them  of  the 
privileges  and  franchises  herein  granted. 

Sec.  4.  When  to  take  EEEECT. — This  ordinance  shall  take 
effect  from  and  after  its  passage. 


Resolution  for  lighting  the  city  by  electricity.  (Passed  April  23,  1891.) 

Contract  — authorized  to  be  executed. — Be  it  resolved, 
That  the  accompanying  contract  between  the  City  of  Newport  and 
the  Suburban  Electric  Illuminating,  Heating  and  Power  Company, 
for  lighting  the  city  by  electricity,  be  entered  into  by  the  city,  and 
that  the  Mayor  be,  and  he  is  hereby  directed  to  execute  the  same 
on  behalf  of  the  city,  and  that  the  city  discontinues  the  use  of  the 
lamp  posts  now  in  use,  for  both  gas  and  gasoline,  and  the  gas  light 
thereby  furnished,  on  and  after  July  1,  1891.  And  that  the  City 
Clerk  be  directed  to  notify  the  Newport  Light  Company  thereof, 
and  request  that  it  send  the  city  a statement  of  the  original  cost 
of  the  lamp  posts,  including  the  requisite  fixtures  thereof.  (The 


376 


Special  Ordinances 


Light — Suburban  Electric  Illuminating,  Heating  and  Power  Co. 


contract  referred  to  in  said  resolution  in  words  and  figures  is  as 
follows :) 

Whereas,  The  streets  and  public  places  of  the  City  of  New- 
port, Ky.,  are  now  being  lighted  by  gas  furnished  by  the  Newport 
Light  Company  in  lamp  posts  owned  by  said  Newport  Light 
Company;  and, 

Whereas,  Under  the  terms  of  the  contract  between  the  said 
city  and  said  light  company,  said  city  may  discontinue  said  lamp 
posts  by  paying  to  said  light  company  the  original  cost  of  the 
lamp  posts,  including  its  requisite  fixtures ; and, 

Whereas,  The  said  City  of  Newport  is  desirous  of  using 
electric  lights  in  said  streets  and  public  places  of  the  city,  at 
approximately  the  same  cost  to  the  city  as  the  gas  light  would 
be ; and, 

Whereas,  The  Suburban  Electric  Illuminating,  Heating  and 
Power  Company  of  Newport,  Ky.,  is  desirous  of  furnishing  said 
city  with  electric  light,  and  is  willing  to  assume  the  payment  of 
the  contract  price  for  the  lamp  posts  and  their  requisite  fixtures, 
that  may  be  discontinued,  and  take  the  same ; and  to  save  and 
hold  the  city  harmless  from  the  costs  and  expenses,  including 
lawyers’  fees,  of  any  and  all  suits  or  actions  in  law  or  equity  that 
may  be  instituted  against  it  by  reason  of  the  execution  by  it  of 
this  contract ; and  is  also  willing  to  supply  said  electric  light  at 
approximately  the  same  cost  as  gas  light  would  be  under  its 
present  contract,  the  average  cost  of  which,  for  the  last  five  years, 
has  been  over  twenty  dollars  per  lamp  post,  which  is  equal  to  one 
hundred  dollars  per  year  per  2,000  C.  P.  arc  light,  one  of  which 
displaces  five  lamp  posts,  at  which  price  the  said  Suburban  Com  - 
pany is  willing  to  furnish  the  light,  turning  it  on  and  off  according 
to  the  schedule  now  in  force  with  the  Newport  Light  Company. 

Now,  therefore,  this  contract,  entered  into  this  the  23d  day 
of  April,  1891,  by  and  between  the  City  of  Newport,  a municipal 
corporation  in  the  County  of  Campbell  and  State  of  Kentucky, 
party  of  the  first  part,  and  the  Suburban  Electric  Illuminating, 
Heating  and  Power  Company,  of  Newport,  Campbell  County, 
Kentucky,  a corporation  created  by  an  act  of  the  General  Assem- 


Special  Ordinances. 


377 


Light — Suburban  Electric  Illuminating,  Heating  and  Power  Co. 


bly  of  said  State,  party  of  the  second  part,  witnesseth : That  the 

party  of  the  second  part,  for  and  in  consideration  of  the  covenants 
and  agreements  of  the  party  of  the  first  part,  does  hereby  agree, 
contract  and  covenant  to  and  with  the  party  of  the  first  part  that 
it  will : 

Terms  OE  contract. — First  — At  and  for  the  price  and  cost 
hereinafter  agreed  to  be  paid  by  the  party  of  the  first  part,  erect, 
maintain,  clean,  repair,  light  or  turn  on  and  extinguish  or  turn  off 
one  hundred  and  five  electric  arc  lights  of  2,000  C.  P.  (Commer- 
cial) each,  at  the  places  in  the  party  of  the  first  part  indicated  by 
the  stars  on  the  hereunto  attached  map  or  plat  of  said  party  of  the 
first  part,  which  said  map  or  plat  is  made  a part  of  this  contract 
as  fully  as  if  incorporated  herein,  and  is  identified  by  the  signa- 
tures and  seals  of  the  parties  hereto  ; and  also  furnish  current  of 
electricity  sufficient  to  keep  them  continuously  lighted. 

The  light  shall  be  turned  on  and  off  as  follows : 


Jan. 

1 

to 

10,  inclusive.  . 

.5.00 

p. 

M. 

.6.00 

A. 

M. 

Jan. 

11 

to 

20,  inclusive.  . 

•5-15 

p. 

M . 

.6.00 

A. 

M. 

Jan. 

21 

to 

31,  inclusive.  . 

•5-30 

p. 

M . 

A. 

M. 

Feb. 

1 

to 

10,  inclusive.  . 

.6.00 

p. 

M . 

.6.00 

A. 

M. 

Feb. 

11 

to 

20,  inclusive.  . 

.6.00 

p. 

M . 

•545 

A. 

M. 

Feb. 

21 

to 

28,  inclusive.  . 

.6.15 

p. 

M. 

.6.30 

A. 

M. 

Mch. 

1 

to 

10,  inclusive.  . 

.6.30 

p. 

M . 

•5-15 

A. 

M. 

Mch. 

11 

to 

20,  inclusive.  . 

p. 

M . 

.5.00 

A. 

M. 

Mch.  21 

to 

31,  inclusive.  . 

.7.00 

p. 

M. 

.5.00 

A. 

M. 

April 

1 

to 

10,  inclusive.  . 

•7-30 

p. 

M . 

445 

A. 

M. 

April 

11 

to 

20,  inclusive.  . 

•7-30 

p. 

M . 

.4.30 

A. 

M. 

April  21 

to 

30,  inclusive.  . 

•745 

p. 

M . 

.4.00 

A. 

M. 

May- 

1 

to 

10,  inclusive.  . 

•745 

p. 

M. 

.4.00 

A. 

M. 

May 

11 

to 

20,  inclusive.  . 

•745 

p. 

M . 

•345 

A. 

M. 

May 

21 

to 

31,  inclusive.  . 

•745 

p. 

• 3-30 

A. 

M. 

June 

1 

to 

10,  inclusive.  . 

.8.00 

p. 

M . 

.3.00 

A. 

M. 

June 

11 

to 

20,  inclusive.  . 

.8.00 

p. 

M . 

.3.00 

A. 

M. 

June 

21 

to 

30,  inclusive.  . 

.8.00 

p. 

M . 

.3.00 

A. 

M. 

July 

1 

to 

10,  inclusive.  . 

.8.00 

p. 

M . 

.3.00 

A. 

M. 

July 

1 1 

to 

20,  inclusive.  . 

.8.00 

p. 

M . 

.3.00 

A. 

M. 

July 

21 

to 

31,  inclusive.  . 

•745 

p. 

M . 

.3.00 

A. 

M. 

Aug. 

1 

to 

10,  inclusive.  . 

•7-30 

p. 

M . 

.4.00 

A. 

M. 

Aug. 

11 

to 

20,  inclusive.  . 

•7-15 

p. 

M . 

.4.00 

A. 

M. 

378 


Special  Ordinances. 


Light — Suburban  Electric  Illuminating,  Heating  and  Power  Co. 


Aug.  21  to  31,  inclusive 7.00  p.  m 4.15  a.  m. 

Sept.  1 to  10,  inclusive 6.45  p.  m 4.15  a.  m. 

Sept.  11  to  20,  inclusive 6.30  p.  m 4.30  a.  m. 

Sept.  21  to  30,  inclusive 6.15  p.  m 4.45  a.  m. 

Oct.  1 to  10,  inclusive 6.15  p.  m 4.45  a.  m. 

Oct.  11  to  20,  inclusive 6.00  p.  m 5.00  a.  m. 

Oct.  21  to  31,  inclusive 5.45  p.  m 5.15  a.  m. 

Nov.  1 to  10,  inclusive 5.30  p.  m 5.30  a.  m. 

Nov.  11  to  20,  inclusive 5.30  p.  m 5.30  a.  m. 

Nov.  21  to  30,  inclusive 5.15  p.  m 5.45  a.  m. 

Dec.  1 to  10,  inclusive 5.00  p.  m 6.00  a.  m. 

Dec.  11  to  20,  inclusive 5.00  p.  m 6.00  a.  m. 

Dec.  21  to  31,  inclusive.  5.00  p.  m .6.00  a.  m. 


except  on  nights  of  full  moon  and  two  nights  before  and  two 
nights  after  said  nights,  when  it  will  not  be  turned  on,  unless  in 
rainy  or  very  cloudy  weather,  then  the  schedule  will  be  observed. 
The  Chief  of  Police  of  the  party  of  the  first  part,  or  such  other 
officer  of  the  party  of  the  first  part  as  it  may  from  time  to  time 
indicate,  shall  be  the  judge  of  whether  it  is  rainy  or  very  cloudy 
weather,  and  upon  his  notice  to  the  party  of  the  second  part  tha-: 
it  is  necessary,  the  party  of  the  second  part  shall  turn  on  the  lights 
according  to  the  schedule,  and  if  not  so  turned  on  after  said  notice, 
there  shall  be  a deduction  at  the  rate  per  month  for  the  hours  the 
lamps  should  per  schedule  be  given  light,  to  be  deducted  from  the 
next  monthly  bill. 

Second — Take,  remove  and  pay  for  all  the  lamp-posts,  in- 
cluding their  requisite  fixtures  in  use  for  lighting  the  streets  and 
public  places  in  the  party  of  the  first  part,  belonging  to  the  New- 
port Light  Company,  which  the  party  of  the  first  part  may  discon- 
tinue. Payment  shall  be  made  to  the  party  of  the  first  part  by  the 
party  of  the  second  part,  in  such  amounts  and  at  such  times  as  it 
may  be  required  to  pay  the  said  Newport  Light  Company  for  the 
lamp-posts  so  discontinued,  and  the  lamp-posts  shall  be  removed 
at  the  sole  cost  of  the  party  of  the  second  part,  and  become  the 
property  of  the  party  of  the  second  part. 

Third — Pay  all  costs  of  court,  and  expenses,  including  attor- 
nevs’  fees,  in  any  actions  and  suits  that  mav  be  instituted  bv  the 


Special  Ordinances. 


379 


Light — Suburban  Electric  Illuminating,  Heating  and  Power  Co. 


Newport  Light  Company  against  the  party  of  the  first  part,  which 
may  be  caused  by  the  execution  of  this  contract  by  the  party  of  the 
first  part.  The  attorneys,  however,  who  are  thus  to  be  paid,  are  to 
be  selected  by  the  party  of  the  second  part. 

Fourth — Change  the  location  of  any  of  the  arc  lights  supplied 
by  the  party  of  the  second  part,  as  may  be  directed  by  the  party 
of  the  first  part,  without  cost  or  expense  to  the  party  of  the  first 
part.  And  also  to  furnish  all  additional  arc  lights  which  the  party 
of  the  first  part  may  order  or  direct,  which  shall  be  of  2,000  C.  P. 
(Commercial),  and  shall  be  erected,  maintained,  cleaned,  repaired, 
supplied  with  electric  current,  and  turned  off  and  on  as  those 
herein  contracted  for,  and  at  no  greater  cost.* 

Fifth — Execute  with  good  and  approved  security,  a bond  in 
the  penal  sum  of  ten  thousand  dollars,  conditioned  for  the  faithful 
performance  of  this  contract. 

And  the  party  of  the  first  part,  for  and  in  consideration  of 
the  foregoing  covenants  and  agreements  of  the  party  of  the  second 
part,  does  hereby  agree,  contract  and  covenant,  to  and  with  the 
party  of  the  second  part,  that  it  will  promptly,  at  the  end  of  each 
and  every  month,  pay  to  the  party  of  the  second  part  the  sum  of 
eight  33-100  dollars  for  each  arc  light  herein  contracted  for  and 
erected  and  in  use  in  the  said  party  of  the  first  part,  less  a reduc- 
tion at  the  said  rate  for  the  time  any  lamp  fails  to  furnish  light 
during  the  hours  required  by  the  schedule  hereinbefore  set  forth. 

It  is  mutually  agreed  that  this  contract  is  to  continue  in  full 
force  for  the  full  term  of  fifteen  years  from  the  date  hereof,  and 
that  all  the  arc  lamps  indicated  on  the  hereunto  attached  plat  or 
map  are  to  be  furnishing  light  on  or  before  the  first  day  of  July 
next,  unless  enjoined  from  so  doing;  in  which  instance,  in  sixty 
days  after  the  final  dissolution  of  the  injunction. 

In  witness  whereof  the  party  of  the  first  part  by  its  Mayor, 
and  pursuant  to  the  resolutions  of  the  Board  of  Councilmen,  and 


* Note. — By  resolution,  approved  September  14,  1895,  f°r  certain  con- 
siderations, the  company  was  released  from  all  further  liability  under  the 
third  and  fourth  clauses  of  said  contract. 


380 


Special  Ordinances. 


Light — Public  Bidding — Gas. 


the  party  of  the  second  part  by  its  President,  and  pursuant  to  the 
resolutions  of  its  Board  of  Directors,  have  hereunto  set  their  names 
and  affixed  their  seals,  the  day  and  year  first  above  written. 
Suburban  Electric  Illuminating,  Heating  and  Power  Co., 

By  H.  M.  Healy,  President. 
(Bond  accepted  April  23,  1891.) 


An  Ordinance  providing  for  the  letting  at  public  bidding  of  the  exclusive 
franchise,  right  and  privilege  of  entering  in  and  upon  the  streets,  alleys 
and  public  ways  and  places  of  and  in  the  City  of  Newport,  Ky.,  for  the 
purpose  of  laying,  acquiring,  maintaining  and  operating  mains  and  pipes, 
with  all  necessary  appendages,  for  the  purpose  of  supplying  the  City  of 
Newport,  its  residents  and  consumers,  with  artificial  gas  for  a period  of 
twenty  years  from  the  acceptance  of  the  successful  bid  therefor ; and 
granting  such  franchise,  rights  and  privileges  to  the  highest  and  best 
bidder.  (Approved  May  5,  1905.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

Section  1.  Advertisement  eor  bids  — conditions. — That 
the  City  Clerk  be  and  he  is  hereby  directed  to  advertise  by  two 
insertions  each  week,  for  two  consecutive  weeks,  beginning  with 
the  first  insertion  not  less  than  ten  days  after  the  approval  of  this 
ordinance,  in  the  Cincinnati  Enquirer,  the  Cincinnati  Times-Star, 
the  Commercial  Tribune,  Volksblatt,  the  Kentucky  Post,  the  Freie 
Press,  the  Engineering  Record  and  the  Volksfreund  newspapers, 
that  the  General  Council  will  receive  sealed  bids  for  the  exclusive 
franchise  of  entering  in  and  upon  the  streets  and  public  ways  of 
said  city  of  Newport,  to  lay,  acquire,  maintain  and  operate  gas 
mains  and  pipes,  with  the  necessary  street  boxes,  valves,  cocks, 
service  pipes  and  other  appendages  in,  through,  under  and  across 
the  streets,  alleys  and  public  ways  of  and  in  the  City  of  New- 
port, Ky.,  as  it  now  is  or  may  hereafter  be  enlarged,  and  to 
renew,  change  and  alter  same  for  the  purpose,  therefrom  to  supply 
said  city  and  the  inhabitants  and  consumers  thereof  with  artificial 


Special  Ordinances. 


381 


Light — Public  Bidding — Gas. 


gas  for  a period  of  twenty  years  from  date  of  acceptance  by  the 
General  Council  of  said  city  of  any  bid  therefor  hereunder.  Bids 
shall  be  sealed  and  marked  on  the  outside  with  the  words : “Bid 
for  Gas  Franchise,”  and  shall  be  delivered  to  the  Board  of  Aider- 
men  of  the  General  Council  in  regular  open  session  at  its  regular 
meeting,  to  be  held  on  the  8th  day  of  June,  1905,  or  at  the  next 
ensuing  regular  session,  if  no  session  is  held  that  day.  At  such 
session  the  President  shall  announce  publicly  a period  of  twenty 
minutes  during  the  session  for  the  submission  and  reception  of 
bids ; at  the  expiration  of  said  time  all  bids  received  shall  be  forth- 
with publicly  opened  and  read  in  open  session  of  the  board. 

The  exclusive  franchise  above  mentioned  shall  be  awarded  by 
the  General  Council  to  the  highest  and  best  bidder,  but  the  right 
is  reserved  by  the  General  Council  to  reject  any  or  all  bids. 

All  bids  shall  be  subject  to  the  following  conditions,  and  all 
requirements  of  this  ordinance  shall  at  all  times  apply  with  equal 
force  to  the  successful  bidder,  his  or  its  successors  or  assigns. 

(A.)  All  pipes  and  mains  shall  be  laid  under  the  supervision 
of  the  City  Engineer  and  the  Superintendent  of  Public  Works,  and 
as  the  General  Council  by  ordinance  may  provide. 

(B.)  The  successful  bidder  shall,  and  he  agrees  and  binds 
himself  to  be  in  every  way  prepared  to  and  shall  begin  serving  gas 
through  his  or  its  mains  and  pipes  at  the  rates  provided  for  in  the 
successful  bid  not  later  than  June  12,  1907,  throughout  all  that 
part  of  the  City  of  Newport  where  gas  is  now  furnished  through 
the  mains  of  the  company  having  the  subsisting  franchise  to  fur  • 
nish  artificial  gas  in  said  city,  and  the  mains  and  pipes  of  said 
successful  bidder  may  be  further  extended  by  it  at  any  time  and 
shall  be  extended  and  gas  supplied  therefrom  under  the  terms 
hereof  whenever  the  abutting  property  owner  or  owners  of  one- 
half  of  the  front  feet  of  the  property  abutting  along  the  proposed 
extension  shall  petition  the  General  Council  of  this  city  and  said 
General  Council  shall  order  and  direct  such  an  extension. 

Provided , that  no  pipes  or  mains  or  appendages  shall  be  laid 
in,  through  or  under  the  streets  or  highways  of  the  City  of  New- 
port until  after  the  third  day  of  June,  1905. 


382 


Special  Ordinances. 


Light — Public  Bidding — Gas. 


( C.)  The  successful  bidder  shall  make  all  service  connec- 
tions from  the  street  pipes  or  mains  to  the  curb  line  free  of  ex- 
pense to  the  consumers.  The  consumer  shall  make  the  connec- 
tion from  the  curb  line  to  the  place  of  service  at  his  own  cost. 

The  successful  bidder  shall,  without  cost,  charge  or  fee  to  any 
consumer,  furnish,  set  and  attach  all  necessary  meters  for  meas- 
uring the  gas  consumed ; said  meters  are  at  all  times  to  be  of  the 
most  modern,  accurate  and  approved  kind  and  construction. 

(D.)  It  is  the  purpose  and  intention  of  the  General  Council 
to  obtain  as  a consideration  for  this  franchise  the  lowest  price  pos- 
sible for  gas  to  the  City  of  Newport,  its  inhabitants  and  con- 
sumers, and  to  that  end  each  bidder  shall  state  the  lowest  price 
per  thousand  cubic  feet  for  gas,  giving  that  amount  of  discount, 
if  any,  to  be  allowed  for  the  payment  of  bills  within  ten  days 
after  they  become  due.  All  gas  supplied  hereunder  shall  at  all 
times  be  maintained  at  not  less  than  16  candle-power,  600  heat 
units  per  cubic  foot  and  30-10  pressure. 

(B.)  The  successful  bidder  shall  within  thirty  days  after 
the  award  of  the  franchise  execute  bond  to  the  City  of  Newport 
in  the  penal  sum  of  fifty  thousand  dollars  ($50,000.00)  with  some 
corporation  authorized  by  law  to  become  surety  on  such  bond,  said 
bond  to  be  approved  by  the  Mayor  and  the  City  Attorney.  Said 
bond  shall  be  conditioned  that  the  successful  bidder  shall  indem- 
nify and  hold  the  city  harmless  from  any  and  all  damages  caused 
by  the  laying,  maintenance  or  operation  of  any  of  the  mains  or 
pipes  under  the  franchise  hereby  proposed  to  be  sold,  and  against 
any  and  all  damages,  if  any,  arising  from  any  claim  or  claims  of 
the  company  having  the  subsisting  franchise  in  the  City  of  New- 
port, Ky.,  by  or  through  this  grant,  and  said  bond  shall  further 
bind  the  successful  bidder  to  furnish  and  supply  gas  to  the  city 
and  its  inhabitants  and  consumers  not  later  than  the  time  fixed  in 
Paragraph  “B”  hereof,  and  shall  also  bind  the  successful  bidder 
to  faithfully  perform  all  the  requirements  of  the  franchise  during 
the  entire  period  of  its  duration.  In  the  event  that  the  successful 
bidder  fails  to  furnish  gas  within  the  time  herein  specified  or  as 
extended,  if  extended,  then  the  successful  bidder  shall  pay  to  the 


Special  Ordinances. 


383 


Light — Public  Bidding — Gas. 


City  of  Newport  the  sum  of  ten  thousand  dollars  ($10,000.00)  as 
liquidated  damages ; but  said  liquidated  damages  are  confined  to 
failure  to  comply  with  the  particular  provisions  of  this  paragraph 
relating  to  the  time  to  begin  furnishing  gas,  and  shall  cover  m> 
other  damages  that  the  city  may  sustain  by  reason  thereof.  Pro- 
vided, 'that  after  the  successful  bidder  has  begun  supplying  gas 
throughout  the  territory  mentioned  in  Paragraph  “B”  said  bond 
shall  terminate  and  be  void  as  to  any  future  act  or  omission,  upon 
the  execution  and  approval  in  the  manner  above  provided  of  a 
new  bond  by  said  bidder,  in  the  sum  of  ten  thousand  dollars 
($10,000.00),  conditioned  that  the  successful  bidder  will  faithfully 
perform  all  the  requirements  of  this  ordinance,  and  said  bond  may 
be  renewed  from  time  to  time. 

(P.)  If  the  successful  bidder  shall  at  any  time  during  the 
life  of  the  franchise  granted  hereunder,  from  any  plant  or  source 
from  which  it  furnishes  gas  to  the  City  of  Newport  or  its  inhabi- 
tants, furnish  or  supply  gas  to  any  other  city,  town  or  district  in 
Campbell  or  Kenton  County,  Kentucky,  at  a rate  lower  than  tha: 
bid  by  him  or  it  hereunder,  said  lower  rate  under  which  gas  is 
furnished  or  supplied  to  said  other  city,  town  or  district  shall  at 
once  become  and  be  the  rate  for  furnishing  gas  to  the  City  of 
Newport  and  its  inhabitants  during  the  remainder  of  the  franchise 
granted  under  this  ordinance,  except  that  if  thereafter  any  like 
lowering  is  made,  then  a like  reduction  shall  at  once  result  in  the 
price  for  gas  in  the  City  of  Newport. 

( G.)  The  successful  bidder  shall  within  thirty  days  after 
the  award  of  the  franchise  accept  the  terms  of  this  ordinance  in 
writing,  to  be  filed  with  the  City  Clerk  of  Newport,  which  accept- 
ance shall  be  submitted  by  the  Clerk  to  the  General  Council  and 
noted  upon  the  minutes.  After  the  award  of  the  franchise  and 
prior  to  such  acceptance  the  successful  bidder  shall  pay  unto  the 
City  Treasurer  the  cost  of  the  advertisement  for  bids  herein  pro- 
vided for.  Upon  its  acceptance  and  the  execution  of  the  bond 
provided  for  hereunder  this  ordinance  shall  be  and  constitute  the 
franchise,  to  endure  for  the  period  of  twenty  years  from  the  date 
of  the  successful  bid,  but  no  longer. 


384 


Special  Ordinances. 


Light — Public  Bidding — Gas. 


(H.)  No  street  shall  be  opened  by  successful  bidder  for  the 
purpose  herein  specified  until  application  has  been  made  to  the 
Superintendent  of  Public  Works  of  said  city  for  a permit.  Such 
application  shall  state  the  character  of  the  work*  intended  to  be 
done,  its  location  and  dimensions  as  nearly  as  practicable,  and  the 
permit  shall  be  granted  by  the  Superintendent  of  Public  ‘Works, 
subject  to  any  reasonable  regulations  necessary  to  protect  the 
property  of  the  city  and  other  parties  having  interest  in  the  streets 
in  which  said  work  is  to  be  done.  Said  successful  bidder,  after 
the  completion  of  the  work  in  said  street,  shall  immediately  restore 
the  same  to  its  former  condition.  Said  successful  bidder  shall 
keep  that  part  of  any  street  disturbed  by  it  in  repair  for  one  year 
from  the  time  the  street  was  so  disturbed. 

(I.)  Said  work  shall  not  unnecessarily  obstruct  or  interfere 
with  the  ordinary  use  and  occupation  of  any  street ; and  in  no  way 
injure  or  interfere  with  any  existing  arrangements  for  water  or 
gas  pipes,  mains,  drains,  sewers,  ditches  or  any  other  public  or 
private  works  that  at  any  time  may  be  lawfully  in  the  streets  of 
said  city;  and  whenever  there  is  any  such  injury  or  interference 
the  successful  bidder  shall  compensate  the  owner  of  such  pipe, 
drains,  sewers,  ditches  and  other  public  utilities  for  any  injury  or 
damage  done  thereto  by  said  successful  bidden 

(J.)  If  said  successful  bidder  shall  neglect  to  restore  any 
street  or  other  public  way  or  place  to  its  former  condition,  or  re- 
pair after  ten  days’  written  notice  so  to  do,  given  by  the  Super- 
intendent of  Public  Works  of  said  city,  the  Superintendent  may 
cause  the  said  work  to  be  done,  and  in  the  name  of  the  city  re- 
cover the  expenses  thereof  from  the  said  successful  bidder  and 
his  sureties. 

(K.)  All  mains,  pipes  and  appendages  constructed  or  laid 
hereunder  shall  be  of  the  most  approved  material,  design  and 
quality. 

(L.)  If  the  successful  bidder  should  be  prevented  from 
doing  anything  herein  required  to  be  done  by  him  within  the  fixed 
time  by  reason  of  a restraining  order,  injunction  or  other  process 
in  force,  such  necessary  delay  shall  not  be  counted  as  any  part  of 


Special  Ordinances. 


385 


Light — Public  Bidding — Gas. 


the  time  limit ; provided,  however,  said  successful  bidder  has  made 
a bona-fide  effort  to  have  such  order,  injunction  or  other  process 
in  force  dissolved  at  the  earliest  practicable  time. 

(M.)  The  City  of  Newport  or  its  assigns  shall,  by  giving 
one  year’s  previous  notice  in  writing  of  such  election,  have  the 
privilege  of  purchasing  at  the  expiration  of  the  franchise  herebv 
provided  for,  any  gas  plant,  pipe  system,  real  estate  and  all  prop- 
erty situated  in  the  City  of  Newport  used  in  and  about  the  manu- 
facture and  distribution  of  gas  to  consumers  at  an  appraisal  to  be 
made  by  five  persons  familiar  with  the  operation  and  management 
of  gas  plants,  two  of  such  appraisers  to  be  chosen  by  the  City  of 
Newport  or  its  assigns,  two  by  the  successful  bidder  to  whom 
this  grant  is  made,  and  the  fifth  by  the  four  so  chosen. 

(N.)  The  City  of  Newport  in  consideration  of  the  obliga- 
tions to  be  assumed  by  the  successful  bidder  for  the  franchise  here- 
under, hereby  agrees  to  assign  and  transfer  to  such  bidder  the 
right  or  option  secured  to  it  by  Section  6 of  an  ordinance  of  June  3, 
1880,  to  purchase  the  pipes,  mains,  appendages,  etc.,  of  the  New- 
port Light  Company.  The  successful  bidder  may  or  may  not 
exercise  said  option  or  right  of  purchase,  as  he  or  it  may  see  fit. 
If,  however,  said  successful  bidder  shall  not  comply  with  the  terms 
of  this  ordinance  and  shall  fail  to  furnish  gas  to  or  within  the 
City  of  Newport  thereunder,  then  and  in  that  event  this  assign- 
ment shall  be  void. 

( O.)  Each  bid  for  the  franchise  herein  described  shall  be 
accompanied  by  a certified  check  on  a National  Bank  for  the  sum 
of  five  thousand  dollars  ($5,000.00),  payable  to  the  City  of  New- 
port, Ky.,  conditioned  that  if  the  bid  be  accepted  the  bond  herein 
mentioned  of  fifty  thousand  dollars  ($50,000.00)  will  be  furnished 
at  the  time  specified.  Should  the  bid  or  bidders  fail  to  comply 
with  the  conditions  of  this  ordinance  as  to  said  bond,  then  tfre 
said  five  thousand  dollars  ($5,000.00)  shall  be  forfeited  to  and 
become  the  property  of  the  City  of  Newport,  Ky. 

Upon  execution  of  said  bond  the  check  of  the  successful  bid- 
der shall  be  returned  to  him.  Checks  of  all  unsuccessful  bidders 
shall  be  returned  to  them. 


(25N) 


386 


Special  Ordinances. 


Light — Public  Bidding — Gas. 


(P.)  This  franchise  shall  expire  by  limitation  twenty  (20) 
years  from  the  date  of  the  acceptance  of  the  successful  bid,  re- 
gardless of  the  time  required  to  acquire  or  lay  pipes  or  mains  or 
the  time  of  beginning  to  supply  gas  hereunder. 

( Q.)  The  provisions  of  this  ordinance  shall  apply  to  and 
mean  artificial  gas,  and  no  other. 

(R.)  In  the  event  the  City  of  Newport  should  ever  desire 
to  light  its  streets,  public  places  and  buildings  with  gas  during 
the  life  of  this  franchise,  the  successful  bidder  shall  furnish  the 
same  for  the  price  heretofore  contracted  for  in  this  franchise,  and 
furnish  such  lamp-posts,  appendages,  etc.,  subject  to  the  approval 
of  the  Superintendent  of  Public  Works  and  the  Mayor,  at  the  cost 
of  the  successful  bidder. 

(S.)  The  successful  bidder  shall  establish  and  maintain  in 
a central  location  in  the  City  of  Newport  an  office,  at  which  all 
consumers  of  gas  may  during  business  hours  pay  their  bills  for 
gas  consumed  by  them. 

Said  successful  bidder  shall  at  all  times  during  the  existence 
of  the  franchise  granted  hereunder  maintain  and  keep  at  the  office 
of  the  City  Engineer  of  the  City  of  Newport  a station  equipped 
at  its  cost  with  the  most  approved  machines,  apparatus  and  appli- 
ances for  testing  meters  used  in  measuring  gas  in  said  city,  and 
also  for  testing  the  candle-power,  heat  units  and  pressure  of  gas 
used  in  said  city.  Test  of  said  gas  shall  be  made  daily  thereby  at 
said  station,  and  a report  kept  of  the  result  thereof,  which  record 
shall  at  all  times  be  open  for  the  inspection  of  the  officers  and 
agents  of  said  city.  If  the  gas  furnished  in  said  city  shall  fall 
below  the  standard  required  by  this  ordinance,  the  City  Engineer 
shall  thereupon  notify  the  successful  bidder  thereof,  and  unless 
within  twenty-four  hours  of  the  receipt  of  said  notice  the  gas  fur- 
nished shall  be  brought  up  to  the  standard  required  thereby,  the 
said  successful  bidder  shall,  as  liquidated  damages,  pay  to  the 
City  of  Newport  the  sum  of  fifty  dollars  ($50.00)  for  each  day 
said  gas  shall  be  below  the  said  standard. 

Any  consumer  believing  his  meter  for  measuring  gas  to  him 
to  be  inaccurate,  may  at  any  time  have  the  same  tested  at  said 


Special  Ordinances. 


387 


Light — Public  Bidding — Gas.  Light — Bid  Accepted. 


station,  and  if  said  meter  is  found  to  be  inaccurate,  the  success- 
ful bidder  shall  pay  all  expenses  incident  to  said  test,  but  if  said 
meter  is  found  upon  said  test  to  be  correct,  then  the  consumer  shall 
pay  said  expense. 

(T.)  No  gas  shall  be  furnished  under  the  franchise  granted 
under  this  ordinance  to  any  person  or  persons,  corporation  or 
corporations,  private  or  municipal,  outside  the  City  of  Newport. 

Sec.  2.  When  to  take  EEEect. — That  this  ordinance  shall 
be  in  force  and  take  effect  from  and  after  its  passage  and  approval. 


Resolution  accepting  the  bid  of  B.  Bramlage  for  the  gas  franchise  offered 
for  letting  at  public  bidding  by  an  ordinance  providing  for  said  bidding 
approved  May  5,  1905,  and  awarding  said  franchise  to  said  B.  Bramlage, 
subject  to  the  terms  and  conditions  of  said  ordinance.  (Approved 

July  6,  1905.) 

Be  it  resolved  by  the  General  Council  of  the  City  of  Newport,  Ky. 

Section  1.  Bid  accepted. — That  the  bid  of  B.  Bramlage  to 
furnish  artificial  gas  to  the  City  of  Newport,  its  residents  and  con- 
sumers, at  the  net  price  of  seventy  cents  ($0.70)  per  one  thousand 
cubic  feet  for  all  purposes,  said  gas  to  be  delivered  through  one 
service  pipe  and  one  meter,  offered  and  received  under  the  terms 
of  and  in  pursuance  of  an  ordinance  entitled  “An  ordinance  pro- 
viding for  the  letting,  at  public  bidding,  of  the  exclusive  franchise, 
right  and  privilege  of  entering  in  and  upon  the  streets,  alleys  and 
public  ways  and  places  of  and  in  the  City  of  Newport,  Ky.,  for 
the  purpose  of  laying,  acquiring,  maintaining  and  operating  mains 
and  pipes  for  the  purpose  of  supplying  the  City  of  Newport,  its 
residents  and  consumers,  with  artificial  gas  for  a period  of  twenty 
years  from  the  acceptance  of  the  successful  bid  thereof,  and  grant- 
ing such  franchise,  rights  and  privileges  to  the  highest  and  best 
bidder,”  approved  May  5,  1905,  be,  and  the  same  is  hereby 
accepted,  being  the  highest  and  best  bid,  and  that  the  franchise 
and  privileges  offered  by  the  terms  of  said  ordinance  be  and  are 


388 


Special  Ordinances. 


Railways — Elizabethtown,  Lexington  and  Big  Sandy  Railroad  Co. 


hereby  awarded  to  said  successful  bidder,  B.  Bramlage,  his  suc- 
cessors and  assigns,  subject  to  the  terms  and  conditions  of  said 
ordinance  and  said  bid. 

(Accepted  in  writing  July  6,  1905;  bond  approved  August  2, 
!905-) 


RAILWAYS. 

An  Ordinance  granting  to  the  Elizabethtown,  Lexington  and  Big  Sandy 
Railroad  Company  the  right  of  way  through  the  City  of  Newport,  Ky., 
and  providing  for  the  construction  and  operation  of  the  said  road. 
(Passed  November  11,  1886.) 

Be  it  ordained  by  the  Mayor  and  Board  of  C ouncilmen  of  the  City 
of  Newport,  Ky. 

Section  1.  Right  of  way. — That  the  Elizabethtown,  Lexing- 
ton and  Big  Sandy  Railroad  Company,  its  successors  and  assigns, 
is  hereby  granted  the  right  of  way  for  a double-track  railroad 
through  the  City  of  Newport,  and  is  hereby  granted  the  right  upon 
the  line  of  said  right  of  way,  to  construct,  maintain  and  operate 
a double-track  railroad,  and  to  have  and  use  thereon  steam  loco- 
motives, freight  and  passenger  cars,  and  also,  along  said  right  of 
way,  to  erect,  maintain  and  operate  a line  or  lines  of  telegraph, 
and  to  connect  said  telegraph  line  with  any  offices,  buildings  or 
depots  owned  or  controlled  by  said  company  in  Newport,  and  to 
make  connection  in  said  city  with  any  other  line  or  lines  of  tele- 
graph. 

Sec.  2.  Course  of  line  prescribed — Said  right  of  way  is 
granted  over  the  following  route : Entering  the  city  upon  its  north- 
easterly side  at  a point  north  of  the  Water-works  road  or  avenue, 
running  thence  southwesterly,  crossing  said  Water- works  road  at 
a point  as  to  a point  where  Monroe  street  would  intersect  said  road 
if  continued ; thence  southwesterly  to  Barry  avenue,  the  center 
line  of  the  railroad  entering  said  Barry  avenue  at  a point  about 


Special  Ordinances. 


389 


Railways — Elizabethtown,  Lexington  and  Big  Sandy  Railroad  Co. 


midway  between  Hamlet  street  and  the  first  alley  east  thereof , 
running  thence  southwesterly  in  Barry  avenue  to  Monmouth  street, 
and  crossing  said  street  at  its  intersection  with  said  avenue  ; con- 
tinuing its  course  in  a southwesterly  direction,  crossing  South 
alley,  between  Williamson  and  Liberty  streets  ; crossing  John  street 
between  said  streets;  crossing  Orchard  and  York  streets  at  their 
intersection  with  Liberty  street ; crossing  Liberty  street  diagonally 
between  Orchard  and  York  streets;  crossing  Putnam,  Columbia 
and  Central  avenue  south  of  Liberty  street,  and  continuing  in 
said  direction  to  Licking  river. 

Sec.  3.  Bridges  — how  constructed. — Said  railroad  com- 
pany shall  erect  and  maintain  iron  columns  upon  the  curbs  of  anv 
of  said  streets  or  alleys  where  it  may  be  necessary  to  cross  the 
same  by  bridges,  and  may,  upon  said  columns,  erect  and  maintain 
all  necessary  bridges  and  trestles  in  the  construction  of  said  road. 

Sec.  4.  Crossing  of  water-works  road. — If  it  shall  be  nec- 
essary in  crossing  Water-works  road  or  avenue  to  raise  or  elevate 
the  same,  it  may  be  done  by  said  company  entirely  at  its  expense, 
and  under  the  direction  of  the  City  Engineer ; but  said  raise  shall 
not  exceed  eleven  ( 1 1 ) feet ; said  raising  to  be  done  only  for  the 
purpose  of  having  said  railroad  pass  under  said  avenue ; said 
bridge  crossing  said  road  or  avenue  shall  be  of  iron,  of  the  full 
width  of  the  road  or  avenue,  to-wit:  Sixty-six  (66)  feet;  to  be 
made  so  as  to  carry  two  lines  of  water-mains  not  less  than  twenty - 
four  (24)  inches  in  diameter,  leading  from  the  city  to  the  Newport 
Water-works.  Close  railings,  four  (4)  feet  high,  to  be  placed 
upon  each  side  of  said  bridge.  The  approaches  to  said  bridge  shall 
not  exceed  a grade  of  four  (4)  feet  in  the  hundred,  to  be  made  at 
the  cost  of  said  company,  under  the  direction  of  the  City  Engineer. 

Sec.  5.  Water  pipes — changes  at  expense  of  company. — 
The  City  of  Newport  or  the  Board  of  Water-works  thereof  shall, 
at  the  expense  of  the  Elizabethtown,  Lexington  and  Big  Sandy 
Railroad  Company,  make  all  changes  in  the  water-pipe  system  of 
the  city  made  necessary  by  the  construction  of  said  road. 

Sec.  6.  Switch  — speed  on  switch. — The  said  company 


390 


Special  Ordinances. 


Railways — Elizabethtown,  Lexington  and  Big  Sandy  Railroad  Co. 


shall  have  the  right  to  lay,  operate  and  maintain  a switch-track  to 
the  Cincinnati  and  Newport  Iron  and  Pipe  Company’s  works  on 
Front  or  Main  street;  said  switch  to  leave  the  main  track  at  or 
near  where  the  same  crosses  the  Water-works  avenue,  and  then 
pass  northwardly  down  Taylor  creek  below  the  top  of  the  west 
bank  of  said  creek,  until  it  reaches  Front  street  at  a point  near 
the  old  oil  works ; thence  across  said  Main  street  to  the  north  side 
and  along  the  north  side  of  said  street  to  Washington  avenue  ; said 
line  to  be  upon  the  north  sidewalk.  No  train  to  be  run  on  said 
switch  on  Main  street  at  a rate  exceeding  four  (4)  miles  per  hour. 

Sec.  7.  Road,  how  laid. — Said  road  shall  be  laid  as  near  the 
center  of  the  streets  over  which  it  may  pass  as  is  practicable,  except 
the  switch  on  Front  street,  and  shall  conform  as  near  as  may  be 
to  the  grade  of  said  streets  as  established ; and  said  company,  upon 
completion  of  its  track  or  tracks,  or  switch  or  switches,  through 
or  over  any  street  or  alley,  shall  immediately  thereafter  restore  said 
street  or  alley  to  as  good  a condition  as  it  was  in  before  said  work 
was  done  ; and  shall,  perpetually  thereafter,  maintain  in  good  re- 
pair all  said  parts  of  said  streets  and  alleys  which  may  be  between 
the  rails  of  its  said  tracks  and  switches,  and  shall  also  maintain 
said  streets  and  alleys  in  good  repair  for  a space  of  three  (3)  feet 
on  the  outside  of  said  rails ; and  if  any  street  or  alley  upon  which 
it  may  lay  its  rails  shall  not  be  at  said  time  improved  by  curbing, 
grading  and  macadamizing,  or  by  either,  said  company  shall,  when 
said  street  or  alley  be  improved,  pay  for  so  much  of  said  work  as 
shall  lay  within  three  (3)  feet  of  the  outside  of  its  rails;  and  it 
shall  at  its  own  expense  improve  between  its  rails  as  nearly  as 
practicable,  in  accordance  with  the  improvement  of  said  street  or 
alley. 

Sec.  8.  Gutter  plates — crossings. — Said  railroad  company 
shall  so  construct  its  road  as  not  to  interfere  with  the  drainage  of 
the  city,  and  shall  not  interfere  with  the  flow  of  surface  water  upon 
the  streets,  and  shall  provide  all  gutter  plates  and  crossings  made 
necessary  by  the  doing  of  said  work,  and  shall  maintain  them. 

Sec.  9.  Gates  — watchman. — Said  company  shall,  when 


Special  Ordinances. 


39i 


Railways — Elizabethtown,  Lexington  and  Big  Sandy  Railroad  Co. 


required  by  the  City  of  Newport,  provide  and  maintain  gates  or 
watchmen  at  all  crossings  or  grades  in  the  city,  and  no  train  or 
engine  shall  be  run  through  the  city  unless  the  bell  thereon  is  kept 
constantly  ringing,  and  no  cars  shall  be  allowed  to  remain  in  any 
street  except  when  being  loaded  or  unloaded. 

Sec.  10.  Rights  reserved  to  city. — The  city  reserves  the 
right  to  make  all  necessary  improvements  in  said  streets  of  any 
kind  and  for  all  purposes  deemed  beneficial,  not  interfering  with 
said  railroad  more  than  is  necessary. 

Sec.  11.  Running  switch  forbidden — backing. — No  run- 
ning switch  to  be  made  within  the  city  limits,  or  no  car  or  train 
shall  be  backed  without  having  a watchman  at  the  front  thereof. 

Sec.  12.  Depots. — Said  company  shall,  immediately  upon  the 
completion  of  said  road,  provide  and  maintain  within  the  city 
suitable  separate  depots  for  freight  and  passengers,  and  make  con- 
venient and  proper  provision  to  meet  the  wants  of  the  traveling 
public  and  commercial  business  of  the  city. 

Sec.  13.  Bridges  over  road. — The  said  company  shall  at  its 
own  expense  construct,  and  thereafter  maintain,  all  bridges  that 
may  be  necessary  to  be  built  and  maintained  over  said  railroad,  at 
the  crossing  of  any  street  or  streets,  now  made  or  hereafter  to  be 
extended  over  said  railroad  by  the  authorities  of  the  said  city. 
Said  bridges  constructed  under  the  supervision  of  the  City  En- 
gineer. This  provision  only  applies  to  such  bridges  as  may  be 
necessary  west  of  the  crossing  of  the  Water-works  road. 

Sec.  14.  Discrimination  in  rates  forbidden. — Said  com- 
pany shall  not  discriminate  in  the  rates  of  freight  or  passengers 
against  the  City  of  Newport,  but  their  said  rates  shall  conform  to 
those  for  freight  or  passengers  to  or  from  Cincinnati  and  Cov- 
ington. 

Sec.  15.  Switch — may  be  used  by  L.  &.  N.  R.  R.  Co. — That 
any  switch  or  track,  constructed  by  the  said  company  along  Front 
or  Main  street,  may  be  used  by  the  Louisville  and  Nashville  Rail- 
road Company,  for  switching  purposes,  upon  payment  by  the  said 
last-named  company  one-half  of  the  cost  of  construction  thereof, 


392 


Special  Ordinances. 


Railways — Elizabethtown,  Lexington  and  Big  Sandy  Railroad  Co. 


and  one-half  of  the  cost  maintaining  the  same ; provided,  however, 
that  the  Louisville  and  Nashville  Railroad  Company  shall  grant 
the  Elizabethtown,  Lexington  and  Big  Sandy  Railroad  Company 
the  right  to  use  any  part  of  their  switch  to  Swift’s  Iron  and  Steel 
Works,  on  Lowell,  on  same  conditions  as  the  Louisville  and  Nash- 
ville Railroad  Company  use  the  Elizabethtown,  Lexington  and  Big 
Sandy  Railroad  Company’s  switch  on  Front  or  Main  street. 

Sec.  16.  Care  to  be  exercised. — The  conductors,  engineers, 
officers,  agents  and  employees  of  the  company  shall  keep  a careful 
and  vigilant  watch  for  teams,  vehicles,  and  persons  on  foot  or 
horseback,  and  prevent  as  far  as  possible  any  injury  to  person  or 
property,  and  conform  to  all  the  laws  and  ordinances  of  the  city 
affecting  the  citizens  thereof,  and  for  any  violation  of  the  said 
laws  and  ordinances  the  said  person  so  offending  shall  be  subject 
to  the  same  fines  ar\d  costs,  collectable  in  the  same  way  as  citi- 
zens are. 

Sec.  17.  City  held  harmless. — The  City  of  Newport  shall 
in  no  event  be  subject  to  pay  any  damage  which  may  be  caused  to 
private  property  or  to  persons  by  reason  of  this  grant,  but  the  said 
company  agrees  to  pay  all  such  damages. 

Sec.  18.  Switches  eor  water-works. — The  City  of  New- 
port reserves  the  right  to  make  such  switches  as  may  be  necessary 
for  the  convenience  of  its  water-works,  at  and  near  its  pumping- 
house  on  the  Ohio  river,  and  may  for  that  use  such  of  the  com- 
pany’s track  and  grounds  as  may  be  required  for  that  purpose. 

Sec.  19.  Excavations  — grades. — In  case  any  cut  or  ex- 
cavation be  made  by  said  company  between  streets  within  the  city 
limits,  it  shall  be  the  duty  of  said  company  to  grade  down  said 
cut  or  excavation  on  both  sides  of  said  road  to  the  level  of  its  ties. 

Sec.  20.  Acceptance  in  writing. — This  ordinance  shall 
take  effect  when  said  company  shall  have  accepted  the  same  in 
writing. 

(Accepted  by  writing  of  date  November  11,  1886;  appearing 
on  minutes  of  Council  November  25,  1886.) 


Special  Ordinances. 


393 


Railways — Louisville,  Cincinnati  and  Lexington  Railroad. 


An  Ordinance  granting  to  the  Louisville,  Cincinnati  and  Lexington  Rail- 
road the  right  of  way  through  the  City  of  Newport,  and  providing  for 
the  construction,  control  and  management  of  the  same.  (Passed 
May  12,  1868.) 

Be  it  ordained  by  the  City  Council  of  the  City  of  Newport , Ky , 

Section  1.  Right  oE  way  — course. — That  from  and  after 
the  passage  of  this  ordinance  there  shall  be  granted  unto  the 
Louisville,  Cincinnati  and  Lexington  Railroad,  their  successors 
and  assigns,  the  right  of  way  for  the  purpose  of  constructing  and 
operating  a railroad  of  single  track  for  steam  locomotives  and 
freight  and  passenger  cars  on,  over  and  along  the  streets  herein- 
after named,  as  follows,  viz. : 

Commencing  on  the  line  of  Liberty  street,  if  practicable,  and 
if  not,  on  any  cross  street  south  of  Mayo  street,  and  extending  on, 
over  and  along  such  streets  to  the  street  at  the  foot  of  which  the 
Newport  and  Cincinnati  bridge  may  be  constructed,  and  down  the 
same  to  the  said  bridge. 

The  further  privilege  to  said  railroads  to  lay  down  on  said 
streets  all  turnouts  that  may  be  necessary  in  going  to  and  from 
said  bridge,  and  any  depot  grounds,  workshops  or  other  buildings 
necessary  for  the  transaction  of  the  business  of  said  railroads ; also 
the  right  to  lay  down  on  the  bank  of  the  Licking  river  side  tracks 
to  any  warehouse  or  manufacturing  establishment  now  or  that 
may  hereafter  be  constructed  not  further  north  than  Swift’s  rolling 
mill,  for  the  purpose  of  receiving  and  delivering  freight. 

Sec.  2.  Temporary  use  OE  whare. — The  city  grants  to  said 
railroads  the  right  to  use  without  charge  such  portion  of  the  un- 
improved wharf  east  of  Monmouth  street  during  the  construction 
of  said  bridge  not  to  exceed  two  years  after  the  passage  of  this 
ordinance,  as  they  may  need  for  the  construction  of  said  road  and 
the  transfer  of  freight  and  passengers  of  said  road  across  the  Ohio 
river. 

Sec.  3.  Rights  reserved  — city  held  harmless  — road  to 
connect  WITH  bridge. — The  object  of  this  ordinance  is  to  grant 


394 


Special  Ordinances. 


Railways — Louisville,  Cincinnati  and  Lexington  Railroad. 


perpetually  to  said  railroads  the  rights  and  privileges  before  spe- 
cified, subject,  however,  to  any  rights  and  privileges  the  city  has 
before  granted,  but  in  no  case  to  subject  the  city  to  pay  for  any 
damages  that  may  be  done  to  private  property  by  reason  of  said 
grant ; provided  that  said  railroads  shall  construct  their  road 
through  the  said  city  so  as  to  connect  with  the  Newport  and  Cin- 
cinnati bridge  at  the  foot  of  the  street  at  which  it  may  be  con- 
structed, for  the  purpose  of  crossing  vehicles  and  foot  passengers 
as  well  as  for  railroad  purposes. 

Sec.  4.  Roads  • — construction  oe. — Said  roads  shall  be 
laid  as  near  as  possible  in  the  center  of  the  streets  over  which  it 
may  pass,  and  conform  as  near  as  may  be  to  the  grade  of  such 
streets,  and  the  portion  of  the  pavement  of  the  street  taken  up  to 
place  the  track  thereon  shall  be  carefully  put  down  again,  and  the 
track  shall  be  constructed  so  as  to  prevent  the  least  possible  im- 
pediment to  the  ordinary  use  of  such  streets.  The  said  railroads 
shall  keep  the  streets  over  which  they  may  construct  their  road  in 
good  repair  between  the  rails  and  within  three  feet  outside  of  the 
same,  with  suitable  bridges  over  the  gutters  crossed  by  them  the 
entire  width  of  the  streets,  so  as  to  permit  the  flow  of  water  under 
the  same ; and  in  case  of  their  failure  to  keep  the  said  streets  in 
good  repair,  the  city,  upon  ten  days’  notice  being  given,  may  pro 
ceed  to  repair  the  same  at  the  cost  of  the  said  railroad. 

Sec.  5.  Speed  limit. — No  locomotive  shall  run  or  train  be 
drawn  at  a greater  speed  than  six  miles  an  hour  within  the  cor- 
porate limits,  and  the  steam  whistle  shall  not  be  used  therein  ex- 
cept as  a signal,  or  in  case  of  danger.  The  bell  of  the  locomotive 
shall  be  constantly  ringing  in  the  city,  and  the  conductors  and  en- 
gineers shall  keep  a vigilant  watch  for  teams,  vehicles,  and  persons 
on  foot,  and  on  appearance  of  danger  to  such  teams,  vehicles,  and 
persons  on  foot,  shall  stop  the  locomotive  as  quickly  as  can  be  done, 
nor  shall  trains  or  cars  be  allowed  to  remain  on  the  track  in  the 
streets  except  only  when  in  actual  process  of  being  loaded  and 
unloaded. 

Sec.  6.  Rights  reserved. — The  city  reserves  the  right  to 
make  all  necessary  improvements  in  said  streets  in  the  way  of 


Special  Ordinances. 


395 


Railways — Louisville  and  Nashville  Railroad  Company. 


drainage,  sewerage,  water  and  gas  privileges,  not  interrupting, 
however,  the  use  of  said  railroads  in  said  streets  more  than  shall 
be  absolutely  necessary. 

Sec.  7.  When  to  take  EEEect. — This  ordinance  shall  take 
effect  as  soon  after  its  passage  as  a contract  shall  be  executed  in 
accordance  therewith,  and  in  case  said  bridge  shall  not  be  con- 
structed for  foot  passengers  and  vehicles,  then  the  same  shall  be 
void.  ( Contract  executed  May  7,  1869.) 


An  Ordinance  to  amend  an  ordinance  entitled  “An  Ordinance  granting  the 
right  of  way  through  the  City  of  Newport  to  the  Louisville,  Lexington 
and  Cincinnati  Railroad,”  etc.  (Passed  October  9,  1868.) 

Be  it  ordained  by.  the  City  Council  of  the  City  of  Newport,  Ky. 

Section  1.  Amendment. — That  the  word  “practicable”  in 
Section  1 of  said  ordinance  be  stricken  out,  leaving  the  company 
to  select  which  street  they  will  use  running  parallel  with  the  Ohio 
river,  south  of  Mayo  street. 

Sec.  2.  Grade  change. — Said  company  is  authorized  to 
change  the  grade  of  Saratoga  street  so  that  the  grade  shall  not 
exceed  eighty  feet  to  the  mile. 


An  Ordinance  granting  to  the  Louisville  and  Nashville  Railroad  Company 
the  right  of  way  for  the  purpose  of  constructing  and  operating  a switch 
or  side  track  from  its  main  track,  on  Saratoga  street,  to  a point  on  Main 
street,  near  the  Anchor  Iron  and  Steel  Works,  and  providing  for  the 
■construction,  management  and  control  of  same.  (Passed  December  9, 
1886.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the  City 
of  Newport,  Ky. 

Section  1.  Right  OE  way  — course  oe. — That  the  right  of 
way  be  and  is  hereby  granted  to  the  Louisville  and  Nashville  Rail- 


396 


Special  Ordinances. 


Railways — Louisville  and  Nashville  Railroad  Company. 


road  Company,  its  successors  and  assigns,  for  the  purpose  of  con- 
structing and  operating  a switch  or  side  track  from  the  main  track 
of  said  company  on  Saratoga  street,  in  the  City  of  Newport,  Ken- 
tucky, to  a point  on  Main  street  in  said  city,  as  follows : Beginning 
at  a point  on  Saratoga  street  south  of  Taylor  street ; then  in  a 
northeasterly  direction  to  a point  on  the  south  side  of  Eglantine 
street  one  hundred  and  thirty-two  (132)  feet,  more  or  less,  east  of 
Saratoga  street ; thence  along  Eglantine  street,  as  near  the  center 
of  said  street  as  practicable,  upon  and  over  the  street  railway  track 
on  said  street  to  the  west  side  of  and  across  Washington  avenue; 
thence  eastwardly  and  northwardly  to  a convenient  point  on  Kil- 
gour  street,  south  of  Main  street ; thence  north  on  Kilgour  street 
and  across  Main  street  to  the  property  of  the  Cincinnati  and  New  - 
port Iron  and  Pipe  Company.  The  track  on  Eglantine  street  to 
be  laid  with  tram-rails.  The  city  not  to  be  liable  for  any  damages 
to  private  property  by  reason  of  said  grant. 

Sec.  2.  Provisions  oe  former  ordinance  part  piereof. — 
The  provisions  of  sections  four  (4),  five  (5),  and  six  (6)  of  an 
ordinance  passed  May  12,  1868,  entitled  “An  ordinance  granting 
to  the  Louisville,  Cincinnati  and  Lexington  Railroad  the  right  of 
way  through  the  City  of  Newport,  Kentucky,”  and  providing  for 
the  construction,  control  and  management  of  the  same,  are  hereby 
adopted  as  part  of  this  ordinance  as  fully  as  though  set  out  in 
terms. 

Sec.  3.  Locomotives,  etc.,  on  switch  — regulations. — 
No  locomotives,  car,  or  cars,  while  being  taken  to  or  brought  from 
the  Cincinnati  and  Newport  Iron  and  Pipe  Company’s  foundry,  or 
any  other  points  on  said  switch,  shall  be  allowed  to  remain  in 
Saratoga  or  Eglantine  street,  but  the  same  must  be  immediately 
removed  therefrom,  and  that  not  more  than  four  (4)  cars  shall  run 
at  any  one  time  on  said  switch. 

Sec.  4.  Supervision  of  city  engineer. — All  work  done  un- 
der or  by  virtue  of  this  ordinance  upon  the  streets  of  the  city  shall 
be  done  under  the  direction  of  the  City  Engineer  and  at  the  cost 
of  the  company. 


Special  Ordinances. 


397 


Railways — Louisville  and  Nashville  Railroad  Company. 


Sec.  5.  Crossings,  regulations  — speed  limit. — The  com- 
pany is  to  provide  and  maintain  iron  gutter-plates  at  all  crossings 
along  the  line  of  said  switch,  and  no  locomotive  or  car  shall  be 
drawn  over  said  switch  unless  preceded  by  a flagman.  No  loco- 
motive or  car  shall  be  run  over  said  switch  at  a rate  of  speed 
greater  than  four  (4)  miles  per  hour,  and  no  running  switch  shall 
be  made  upon  said  track. 

Sec.  6.  Grant  limited  to  grantee. — The  Elizabethtown, 
Lexington  and  Big  Sandy  Railroad  Company  is  hereby  prohibited 
from  in  any  way  using  any  part  of  the  switch  herein  provided  for, 
and  any  such  use  by  said  Elizabethtown,  Lexington  and  Big  Sandy 
Railroad  shall  immediately  and  of  itself  constitute  and  act  as  a 
complete  revocation  of  all  the  rights  herein  granted  to  the  Louis- 
ville and  Nashville  Railroad  Company. 

Sec.  7.  Penalty. — Any  officer,  agent,  or  employee  of  said  com- 
pany who  shall  omit,  fail,  or  refuse  in  any  wise  to  comply  with  the 
requirements  of  this  ordinance,  or  if  such  person  or  persons  shall 
violate  any  of  the  provisions  thereof,  then  such  person  or  persons, 
upon  due  conviction  of  said  offense  before  the  Mayor  of  said  city, 
shall  be  fined  not  less  than  twenty-five  ($25)  dollars,  nor  more 
than  fifty  ($50)  dollars  and  costs  of  prosecution. 

Sec.  8.  Crossings  over  right  oe  way. — In  granting  the 
switch  right  to  the  Louisville  and  Nashville  Railroad  along  Eglan- 
tine street,  in  Newport,  Kentucky,  the  said  railroad  company 
hereby  gives  to  the  said  city  of  Newport  right  of  way  over  its 
grounds  and  railroad  for  the  full  width  of  sixty-six  (66)  feet  at 
the  following  points,  to-wit : At  a point  on  their  said  grounds  and 
road  where  Central  avenue,  if  extended,  would  cross  the  same, 
and  at  a point  on  said  ground  and  road  where  Brighton  street,  if 
extended,  would  cross  the  same.  Said  company  is  to  construct 
and  maintain  over  said  road,  at  said  points,  crossings  the  full 
width  of  said  right  of  way  whenever  said  streets,  or  either  of 
them,  shall  be  extended  to  their  said  road,  and  further,  the  said 
company  is  to  provide  and  maintain  a watchman  at  each  of  said 
points  whenever  said  streets  are  extended  to  and  across  their  said 


39§ 


Special  Ordinances. 


Railways — Chesapeake  & Ohio  and  Louisv’e  & Nashv’e  R.  R.  Co’s. 


road,  if  at  the  grade,  crossing  at  Brighton  street,  the  grade  of  road. 
The  crossing  at  Central  avenue  to  be  fixed  bv  the  City  Engineer. 

Sec.  9.  Acceptance  in  writing. — This  ordinance  shall  take 
efifect  when  accepted  by  the  Louisville  and  Nashville  Railroad 
Company  in  writing. 

(Acceptance  received  December  23,  1886.) 


An  Ordinance  requiring  the  Chesapeake  and  Ohio  and  the  Louisville  and 
Nashville  Railroad  Companies  to  build  bridges  over  their  roads,  and 
releasing  said  companies  from  certain  obligations  under  former  ordi- 
nances. (Passed  December  19,  1889.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the  City 
of  Newport. 

Section  1.  Bridges  to  be  maintained  across  roads. — That 
in  consideration  of  certain  grants  made  by  the  City  of  Newport  to 
the  Elizabethtown,  Lexington  and  Big  Sandy  Railroad  Company 
by  ordinance  dated  November  11,  1886;  to  the  Louisville,  Lex- 
ington and  Cincinnati  Railroad  by  ordinance  dated  May  12,  1868 ; 
to  the  Louisville,  Lexington  and  Cincinnati  Railroad  by  ordinance 
dated  October  9,  1868,  and  to  the  Louisville  and  Nashville  Rail- 
road Company  by  ordinance  dated  December  9,  1886,  under  which 
ordinances  the  Chesapeake  and  Ohio  Railroad  Company  and  the 
Louisville  and  Nashville  Railroad  Company  now  operate  their  re- 
spective roads,  the  said  Chesapeake  and  Ohio  and  Louisville  and 
Nashville  Railroad  Companies  jointly  and  severally  covenant  and 
agree  to  and  with  the  said  City  of  Newport  that  they  will  con- 
struct and  thereafter  maintain,  under  the  supervision  and  direction 
of  the  City  Engineer  of  the  City  of  Newport,  wagon  and  foot 
bridges  over  and  across  their  roads  under  the  following  general 
conditions,  to-wit : 

Wagon  Bridge. — Beginning  at  a point  near  the  intersection 
of  Columbia  and  Liberty  streets  and  running  parallel  to  Liberty 
street  westwardly,  leaving  the  north  side  of  Liberty  street  intact 


Special  Ordinances. 


399 


Railways — Chesapeake  & Ohio  and  Louisv’e  & Nashv’e  R.  R.  Co’s. 


and  using  part  of  the  south  side  of  Liberty  street,  leaving  a wagon- 
way of  at  least  twenty  feet  in  width  between  the  north  curbing  of 
Liberty  street  and  the  north  side  of  the  substructure  of  the  wagon 
bridge.  The  wagon-way  of  said  bridge  to  be  eighteen  feet  ( iS^ 
wide,  and  the  footways  on  each  side  to  be  four  feet  (4)  wide ; said 
bridge  to  have  a maximum  grade  of  seven  feet  (7)  per  one  hun- 
dred feet  ( 100)  ; said  bridge  to  cross  the  Chesapeake  and  Ohio  and 
Louisville  and  Nashville  Railroads  in  the  center  of  Central  avenue, 
the  curved  approach  from  Liberty  street  turning  into  Central  ave- 
nue to  have  a radius  of  not  less  than  one  hundred  feet  (100)  in 
the  interior  face  of  the  roadway.  The  sidewalk  to  be  raised  six: 
inches  (6)  above  the  roadway  and  to  have  close  railings  four  feet 
(4)  high  on  the  outside  of  each  footway;  an  additional  footway 
shall  lead  from  the  said  bridge  to  Liberty  street  at  the  south  line 
of  the  intersection  of  Central  avenue  and  Liberty  street ; said  foot- 
way to  be  a stairway  four  feet  (4)  wide  in  the  clear,  with  a tread 
of  twelve  inches  (12)  to  a raise  of  six  inches  (6)  with  one  inter- 
mediate platform  six  feet  (6)  long  half  way  up  the  stairs.  The 
said  stairway  and  platform  to  be  enclosed  on  each  side  with  a 
suitable  close  railing  four  feet  (4)  high. 

Footways  to  be  eight  feet  (8)  wide  and  approached  on  the 
north  side  by  stairways  eight  feet  (8)  wide,  with  a tread  of  twelve 
inches  (12)  to  a raise  of  six  inches  (6).  To  have  an  intermediate 
platform  half  way  up  the  stairway  eight  feet  (8)  long  and  to  be 
enclosed  on  each  side  by  a suitable  close  railing  four  feet  (4) 
high,  the  stairway  to  have  both  tread  and  riser.  The  approach  to 
said  footbridges  on  the  south  side  to  be  extended  toward  Ward 
avenue,  with  a descending  grade  not  to  exceed  ten  feet  ( 10)  per 
one  hundred  feet  (100)  ; said  footbridges  to  be  located  one  at 
York  street  and  one  at  Putnam  street.  The  footways  to  be  suffi- 
ciently strong  to  withstand  without  perceptible  vibration  or  swag- 
ging  a weight  of  three  hundred  pounds  (300)  per  square  foot,  and 
the  wagon-ways  to  be  sufficiently  strong  and  rigid  to  allow  the 
operation  of  cars  drawn  by  horse-power,  electricity  or  cable,  and 
with  perfect  safety. 

Sec.  2.  Release  oe  obligations  under  former  grants. 


400 


Special  Ordinances. 


Railways,  Private — Addyston  Pipe  and  Steel  Company. 


The  construction  of  said  bridges  by  said  companies  and  the  ac- 
ceptance of  same  by  the  city  shall  operate  as  a discharge  and  re- 
lease of  said  Chesapeake  and  Ohio  and  Louisville  and  Nashville 
Railroad  Companies  from  whatever  obligations  they  or  either  of 
them  may  be  under  to  construct  bridges  or  crossings  over  or 
across  their  respective  roads  west  of  Monmouth  street,  arising 
under  the  ordinances  mentioned  in  the  first  section  of  this  ordi- 
nance, but  said  companies  are  not  released  from  the  obligation  to 
keep  said  bridges  in  good  order  and  safe  condition,  and  to  that 
end  the  city  hereby  expressly  reserves  all  legal  rights  to  compel 
said  companies  to  maintain  said  bridges  in  good  order  and  safe 
condition. 

Sec.  3.  Companies  not  liable  to  property-holders. — 
Neither  the  Chesapeake  and  Ohio  nor  the  Louisville  and  Nashville 
Railroad  Companies  are  to  be  liable  to  property-holders  for  any 
damage  to  property  by  reason  of  the  proper  construction  of  the 
said  bridges. 

Sec.  3.  When  to  take  EEEect. — -This  ordinance  shall  be  in 
force  and  take  effect  when  the  said  railroad  companies  shall  both 
signify  their  acceptance  by  endorsing  it  upon  this  ordinance. 


RAILWAYS— PRIVATE. 

An  Ordinance  granting  to  the  Addyston  Pipe  and  Steel  Company  the  right 
to  construct  tracks  and  operate  cars  across  First  street,  in  the  City  of 
Newport,  by  steam  and  other  power.  (Passed  February  27,  1891.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the  City 
of  Newport. 

Section  1.  Location.— That  the  right  is  hereby  granted  to 
the  Addyston  Pipe  and  Steel  Company  to  construct  track  or  tracks 
across  First  street  in  the  City  of  Newport,  connecting  their  foundry 
or  works  situated  east  of  Washington  avenue  and  may  use  or 


Special  Ordinances. 


401 


Railways,  Private — Newport  Iron  and  Brass  Foundry  Company. 


operate  said  tracks  with  cars  impelled  by  animal,  steam  or  electric 
power. 

Sec.  2.  Supervision. — Said  tracks  shall  be  constructed  under 
the  supervision  of  the  City  Engineer  and  shall  conform  as  near 
as  practicable  to  the  grade  of  the  street  and  so  as  not  to  interfere 
with  the  use  thereof  for  sewerage,  drainage,  gas  or  water  pur- 
poses, and  said  company  shall  keep  their  said  tracks  in  good  and 
safe  condition  for  the  use  of  persons  or  vehicles,  and  shall  so 
manage  their  tracks  and  cars  as  to  interfere  as  little  as  possible 
with  the  ordinary  travel  thereon. 

Sec.  3.  Speed  limit. — -No  cars  shall  be  drawn  at  a greater 
rate  of  speed  than  four  miles  per  hour,  and  the  conductors  or  man- 
agers thereof  shall  keep  a vigilant  watch  for  vehicles,  foot  passen- 
gers and  all  others,  and  give  them  such  warning  and  signals  as  the 
public  safety  demands ; provided,  however,  that  the  said  Addyston 
Pipe  and  Steel  Company  shall  be  held  responsible  for  any  and  all 
damages  that  may  happen  through  the  operation  of  said  track. 

Sec.  4.  Repealing  clause. — The  ordinance  entitled  • “An 
ordinance  granting  to  the  Cincinnati  Iron  and  Pipe  Company  the 
right  to  construct  tracks  and  operate  cars  across  First  street  in  the 
City  of  Newport  by  steam  and  other  power,”  passed  May  12,  1887, 
is  hereby  repealed. 

Sec.  5.  When  to  take  EEEect. — This  ordinance  shall  be  in 
force  from  and  after  its  passage. 


An  Ordinance  granting  the  Newport  Iron  and  Brass  Foundry  Company  the 
right  to  build  a switch  from  the  Louisville  and  Nashville  Railroad  on 
Lowell  street,  in  this  city.  (Approved  December  1,  1902.) 

Be  it  ordained  by  the  Newport,  Ky.,  Board  of  General  Council.) 

Section  1.  Location. — That  the  right  is  hereby  granted  to 
the  Newport  Iron  and  Brass  Foundry  Company  to  construct  and 
keep  in  repair  a switch  track  from  the  tracks  of  the  Louisville  and 


(26N) 


402 


Special  Ordinances. 


Railways,  Private — Swift’s  Iron  and  Steel  Works. 


Nashville  Railroad  on  the  east  side  of  Lowell  street,  over  and 
across  Twelfth  street,  at  the  present  grade  of  said  street,  and  con- 
tinuing southwardly  along  the  east  side  of  Lowell  street  to  the 
corporation  line.  In  constructing  said  switch  track  the  drainage 
of  the  street  shall  not  be  obstructed,  and  the  track  between  the 
rails  and  for  one  foot  outside  must  be  planked  and  kept  in  good 
repair. 

Sec.  2.  City  heed  harmless. — The  said  Newport  Iron  and 
Brass  Company  shall  save  the  city  harmless  from  all  damages  to 
the  Licking  Turnpike  Company,  or  to  private  persons,  that  may 
be  sustained  by  them  because  of  the  construction  of  said  switch. 

Sec.  3.  Supervision. — The  switch  shall  be  built  under  the 
supervision  of  the  City  Engineer,  and  any  violation  of  the  terms  of 
this  contract  shall,  unless  the  same  be  remedied  after  ten  days’ 
notice  in  writing  from  the  city,  be  cause  for  the  city  to  remove  said 
switch  at  the  expense  of  said  foundry  company. 

Sec.  4.  When  to  take  EEEect. — This  ordinance  shall  take 
effect  from  and  after  its  passage  and  approval. 


Resolution.  (Adopted  May  5,  1881.) 

Right  oE  way  Eor  switch. — Resolved That  upon  the  appli- 
cation of  Swift’s.  Iron  and  Steel  Works,  the  right  of  way  is  granted 
for  the  extension  of  a branch  of  the  Louisville,  Cincinnati  and  Lex- 
ington Railway  from  the  southern  boundary  of  the  city  along 
Lowell  street  to  Swift’s  Iron  and  Steel  Works,  such  extension  to 
connect  with  said  railway  at  or  near  the  coal  elevator,  now  outside 
the  city  limits,  and  to  be  made  at  a grade  to  be  fixed  for  said  street 
by  the  City  Engineer  and  without  any  cost  or  expense  whatever 
to  the  city,  and  with  the  reservation  and  express  understanding 
that  any  other  railroad  company  may  use  said  tracks  and  way, 
being  responsible  for  reasonable  charges  for  such  use,  the  railroad 


Special  Ordinances. 


403 


Railways,  Private — Swift’s  Iron  and  Steel  Works. 


company  to  keep  said  street  in  repair  between  the  rails  and  for 
two  feet  on  the  outside  of  said  rails,  and  no  train  to  be  run  on  said 
track  at  a greater  speed  than  at  the  rate  of  four  miles  an  hour. 
This  resolution  to  take  effect  and  be  a binding  agreement  between 
the  City  of  Newport  and  the  Swift’s  Iron  and  Steel  Works  when 
formally  signed  and  accepted  by  them,  and  not  until. 

Accepted.  Swiet’s  Iron  and  Steel  Works. 

(Signed.)  Geo.  E.  Clymer,  Vice  President. 


An  Ordinance  prescribing  and  regulating  the  terms  and  conditions  upon 
which  cars  shall  be  run  over  and  upon  the  branch  track  of  the  Louis- 
ville, Cincinnati  and  Lexington  Railway  Company,  extending  along 
Lowell  street,  in  the  City  of  Newport,  Ky.,  to  Swift’s  Iron  and  Steei 
Works.  (Passed  May  19,  1881.) 

Section  1.  Terms  and  conditions  oe  grant. — Whereas, 
The  City  of  Newport  has  granted  to  the  Louisville,  Cincinnati  and 
Lexington  Railway  Company  and  the  Swift’s  Iron  and  Steel 
Works  the  right  of  way  for  the  extension  of  a branch  of  said  rail- 
way from  the  southern  boundary  line  of  said  city,  along  Lowell 
street  therein,  to  the  said  Swift’s  Iron  and  Steel  Works,  and  it 
therefore  becomes  necessary  on  the  part  of  said  city  to  prescribe 
and  regulate  the  terms  and  conditions  upon  which  said  parties 
shall  exercise  said  right  of  way,  therefore, 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the 
City  of  Newport , That  it  shall  be  the  duty  of  said  railway  company 
and  iron  and  steel  works,  as  stipulated  in  their  written  contract  and 
agreement  with  said  city,  of  May  5,  1881,  to  keep  said  Lowell 
street  in  good  condition  and  repair  between  the  rails  of  said  track 
and  for  two  feet  outside  of  the  same,  and  in  case  of  failure,  refusal 
or  omission  upon  the  part  of  said  parties  so  to  do,  then  and  in  that 
case  said  street  shall  be  so  repaired  by  said  city  between  said  rails 


404 


Special  Ordinances. 


Railways,  Private — Swift’s  Iron  and  Steel  Works. 


and  for  said  distance  of  two  feet  outside  of  the  same,  whenever  in 
the  judgment  of  the  City  Engineer  and  the  chairman  of  the  Com- 
mittee on  Improvements  of  the  City  Council  it  may  be  necessary  to 
so  repair  it,  and  the  cost  and  expenses  thereof  shall  be  charged  to 
and  collected  from  said  parties  or  either  of  them. 

Sec.  2.  Speed  limit. — That  it  shall  be  unlawful  for  the  en- 
gineer, conductor  or  other  employee  or  officer  of  the  train  on  said 
branch,  or  any  other  person,  to  run  the  cars  or  locomotive  over  said 
track  at  a speed  greater  than  four  miles  an  hour,  and  any  such 
engineer,  conductor,  officer,  employee  or  other  person  so  doing 
shall  be,  upon  due  conviction  thereof  before  the  Mayor  of  said 
city,  fined  in  any  sum  not  exceeding  $25.00  and  cost  of  prosecution. 

Sec.  3.  Provisions  oe  eormer  ordinance. — Be  it  also  or- 
dained, That  the  second  and  third  sections  of  an  ordinance  entitled 
“An  ordinance  fixing  certain  regulations  as  to  speed,  etc.,  etc., 
within  the  corporate  limits  of  the  City  of  Newport,  and  prescribing 
penalties  for  the  violation  thereof,”  passed  March  29,  1877,  be 
applied  to  the  said  branch  for  the  further  regulating  of  the  running 
of  said  cars  and  locomotives  over  the  same.  And  that  it  shall  be 
unlawful  for  any  of  said  officers  or  employees  named  herein,  or 
other  person,  to  violate  or  fail  to  comply  with  the  requirements  of 
said  sections,  and  said  persons  so  doing  shall,  upon  due  convic- 
tion thereof  before  the  Mayor,  be  fined  in  any  sum  not  exceeding 
$25.00  and  cost  of  prosecution. 

Sec.  4.  Acceptance. — This  ordinance  shall  take  effect  and 
be  in  force  from  and  after  the  date  of  its  passage ; provided,  how- 
ever, that  before  the  said  railway  company  and  iron  and  steel 
works  shall  exercise  the  said  right  of  way  along  said  Lowell  street 
for  said  purposes  they  shall  signify  their  assent  to  the  terms  and 
requirements  of  this  ordinance  and  their  acceptance  thereof  by 
affixing  the  official  signature  of  their  duly  authorized  officers, 
hereto. 

Swiet’s  Iron  and  Steel  Works, 

By  George  E.  Clymer,  Vice-President. 


Special  Ordinances. 


405 


Railways,  Private — George  Wiedemann  Brewing  Company. 


An  Ordinance  granting  to  The  George  Wiedemann  Brewing  Company  the 
right  to  build  a switch  from  the  Chesapeake  and  Ohio  Railroad  across 
Monmouth  street,  in  this  city.  (Passed  June  5,  1890.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Couneilmen  of  the  City 

of  Newport,  Ky. 

Section  1.  Location. — That  the  right  is  hereby  granted  to 
The  George  Wiedemann  Brewing  Company  to  construct  and  keep 
in  repair  a switch  track  from  the  tracks  of  the  Chesapeake  and 
Ohio  Railroad,  on  the  east  side  of  Monmouth  street,  over  and 
across  said  Monmouth  street  at  the  present  grade  of  said  street, 
parallel  to  and  thirteen  feet  from  the  present  south  track  of  said 
railroad  crossing  said  street.  In  constructing  said  switch  track 
the  drainage  of  the  street  shall  be  taken  off  by  suitable  pipes, 
Said  switch  must  be  inside  the  safety  gates  of  the  railroad,  and 
the  track  between  the  rails  and  for  one  foot  outside  must  be 
planked  and  kept  in  good  repair. 

Sec.  2.  City  held  harmless. — The  said  George  Wiede- 
mann Brewing  Company  shall  save  the  city  harmless  from  ail 
damages  to  the  Campbell  Turnpike  Company  or  to  private  per- 
sons that  may  be  sustained  by  them  because  of  the  construction 
of  said  switch. 

Sec.  3.  Supervision. — The  switch  shall  be  built  under  the 
supervision  of  the  City  Engineer,  and  any  violation  of  the  terms 
of  this  contract  shall,  unless  the  same  be  remedied  after  ten  days’ 
notice  in  writing  from  the  city,  be  cause  for  the  city  to  remove 
said  switch  at  the  expense  of  said  brewing  company. 

Sec.  4.  When  to  take  EEEECT. — This  ordinance  shall  take 
effect  from  and  after  its  passage. 


406 


Special  Ordinances. 


Street  Railways — Newport  and  Dayton  Street  Railway  Company. 


STREET  RAILWAYS. 

An  Ordinance  providing  for  the  construction,  management  and  control  of 
the  Newport  and  Dayton  Street  Railway  Company,  and  for  repealing  all 
former  ordinances  relating  thereto.  (Passed  April  14,  1887.) 

Be  it  or  darned  by  the  Mayor  and  Board  of  Councilmen  of  the  City 

of  Newport,  Ky. 

Section  1.  Right  oe  way  — course  — bonus. — That  the 
Newport  and  Dayton  Street  Railway  Company  is  hereby  author- 
ized, on  the  conditions  hereafter  named,  to  construct  and  operate 
a street  railway  upon  what  is  known  as  a flat  or  tram-rail  track 
from  the  corporate  limits  of  the  City  of  Newport  on  Main  or 
Front  street  to  the  corner  of  York  and  Front  streets,  with  double 
track  or  single  track  and  switches.  Said  company  to  pay  the  City 
of  Newport  twelve  dollars  and  fifty  cents  ($12.50)  per  annum  for 
each  and  every  regular  car  so  run  by  it,  or  by  any  one  for  it,  on 
said  track.  The  said  company  to  operate  its  cars  by  cable  or 
electricity  with  ground  connection,  or  animal  power. 

Sec.  2.  Company  to  keep  portion  oe  street  in  repair. — 
Said  company  shall  keep  the  street  between  the  rails  of  its  said 
track,  and  two  feet  on  each  side  of  its  track  or  tracks,  in  good 
order  and  repair,  and  shall  renew  the  pavement  of  the  street 
between  the  rails  of  said  track  and  two  feet  on  each  side  thereof 
as  often  as  the  City  Council  may  order,  and  shall  repair  said  part 
of  said  street  whenever  and  in  the  manner  in  which  said  City- 
Council  may  order  and  direct. 

Sec.  3.  Speed  limit. — Said  company  shall  not  run  its  cars 
at  a greater  speed  than  six  miles  per  hour,  and  shall  not  stop  its 
cars  in  the  intersection  of  any  street  to  receive  or  unload  passen- 
ger or  passengers,  but  it  shall  on  all  occasions  run  its  cars  across 
every  intersecting  street  and  stop  at  the  opposite  crossing,  so  as 
to  leave  street  clear  from  obstruction. 

Sec.  4.  Forfeiture. — Should  said  Newport  and  Dayton 


Special  Ordinances. 


407 


Street  Railways — Newport  Street  Railway  Company. 


Street  Railway  Company  at  any  time  violate  any  of  the  conditions 
herein  mentioned,  then  this  ordinance  shall  stand  repealed,  and 
all  rights  and  privileges  by  said  company  acquired  under  and  by 
virtue  of  this  ordinance  shall  be  forfeited,  and  the  City  Council 
may  at  any  time  thereafter  order  the  removal  of  said  track,  cars 
and  horses  of  said  company  from  and  without  the  limits  of  said 
City  of  Newport,  and  may  compel  said  company  to  put  any  and 
all  streets  used  by  it  as  herein  mentioned  in  a good  and  proper 
condition. 

Sec.  5.  Repealing  clause. — Be  it  further  ordained  that 
the  ordinance  entitled  “An  Ordinance  concerning  the  Dayton  and 
Newport  Street  Railway  Company,”  passed  November  17,  1870, 
be,  and  the  same  is  hereby  repealed. 

Sec.  6.  When  to  take  effect. — This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  approval. 


An  Ordinance  providing  for  the  construction  and  management  of  a street 
railway  in  the  City  of  Newport.  (Passed  October  3,  1867.) 

Be  it  ordained  by  the  City  Council  of  the  City  of  Newport,  Kv. 

Section  1.  Right  of  way  — course. — That  from  and  after 
the  passage  of  this  ordinance  there  shall  be  granted  unto  the  New- 
port Street  Railway  Company,  their  successors  and  assigns,  the 
exclusive  privilege  of  constructing  and  operating  a street  rail- 
way of  double  or  single  tracks,  with  all  necessary  turnouts  and 
switches,  on,  over  and  along  the  streets  hereinafter  named,  as 
follows,  viz. : 

Commencing  on  Hubbard  street,  at  the  eastern  approach  to 
the  Newport  and  Covington  bridge,  running  thence  along  and 
over  Hubbard  street  to  Madison  street  or  Bellevue  street,  thence 
through  and  along  either  of  said  streets  eastwardly  to  York  street, 
thence  southwardly  through  and  along  said  street  to  Williamson 


408 


Special  Ordinances. 


Street  Railways — Newport  Street  Railway  Company. 


street,  thence  through  and  along  said  street  eastwardly  to  Mon- 
mouth street. 

Sec.  2.  Railway  — use  oe. — Said  railway  shall  be  used 
for  no  other  purpose  than  the  transportation  of  passengers  and 
their  ordinary  baggage,  and  the  cars  shall  be  of  the  best  style  and 
class  in  use  on  such  railways. 

Sec.  3.  Regulations  reserved  to  city. — The  said  City 
Council  shall,  at  its  option,  at  all  times  have  the  power  to  make 
such  regulations  as  to  speed  as  the  public  safety  may  require. 

Sec.  4.  Fare  — rates. — Said  Street  Railway  Company  shall 
not  charge  a greater  sum  than  five  cents  as  the  fare  for  each 
passenger  within  the  limits  of  the  City  of  Newport,  and  not 
more  than  five  cents  to  Covington,  with  the  additional  cost  of  fare 
across  the  Newport  and  Covington  bridge ; and  not  more  than  ten 
cents  to  terminus  of  line  in  Cincinnati  as  high  as  Fourth  street, 
with  the  additional  fare  that  may  be  charged  by  the  Newport  and 
Covington  bridge ; provided that  said  company  should  procure 
the  right  of  way,  or  should  extend  their  line  as  high  as  Fourth 
street,  Cincinnati ; and  the  said  company  shall  return  passengers 
from  said  points  at  the  said  fares. 

Sec.  5.  Track  — construction,  etc. — The  track  shall  be 
of  the  gauge  of  five  feet  and  two  inches,  and  of  the  same  pattern 
of  rail  as  now  laid  in  the  City  of  Covington  by  the  Covington 
Street  Railroad  Company,  and  in  such  manner  as  to  be  of  the  least 
impediment  to  the  ordinary  use  of  the  streets,  with  suitable  bridges 
over  the  entire  width  of  the  streets  over  the  gutters,  so  as  to 
permit  the  flow  of  water  under  them,  and  said  company  is  to  keep 
the  streets  in  good  repair  between  the  rails ; and  in  case  of  their 
failure  so  to  do  upon  ten  days’  notice  being  given  them,  said  city 
shall  proceed  to  repair  said  streets  as  designated  at  the  cost  of 
said  railway  company. 

Sec.  6.  License. — Said  company  shall  pay  into  the  city 
treasury  for  the  next  five  years  the  sum  of  ten  dollars  annually  as 
a license  for  each  and  every  car  run  and  used  upon  said  railway, 
and  at  the  expiration  of  said  five  years  the  City  Council  may  fix 


Special  Ordinances. 


409 


Street  Railways — Newport  Street  Railway  Company. 


the  license  at  a less  or  greater  sum  than  ten  dollars,  but  not  to 
exceed  twenty  dollars  per  car.* 

Sec.  7.  Operation  — rules.- — In  the  running  and  oper- 
ating of  said  railway,  the  company,  their  successors  and  assigns, 
shall  be  governed  by  the  following  rules,  viz. : 

1.  No  car  shall  be  drawn  at  a greater  speed  than  six  miles 
per  hour. 

2.  The  conductors  and  drivers  shall  keep  a vigilant  watch 
for  teams,  vehicles,  persons  on  foot,  and  especially  children,  and 
on  the  first  appearance  of  danger  to  such  teams,  vehicles,  persons 
or  other  obstructions  shall  stop  the  car. 

3.  The  conductors  shall  not  require  or  allow  ladies  or  chil- 
dren to  enter  or  leave  the  cars  while  in  motion,  and  shall  stop  at 
all  crossings  required  to  take  on  or  let  off  passengers. 

4.  The  conductors  shall  announce  to  passengers  the  names 
of  streets  or  the  places  wherever  the  cars  cross  in  connection  with 
other  lines. 

5.  The  cars,  after  sunset,  shall  be  provided  with  signal  lights. 

6.  The  cars  shall  observe  the  same  regulations  as  to  time  of 
running  as  those  of  the  Covington  Street  Railway  Company,  com- 
mencing to  run  as  early  in  the  morning  and  continuing  to  run  as 
late  at  night. 

Sec.  8.  Time  for  completion  — forfeiture. — The  said 
company,  their  successors  and  assigns,  within  one  year  from  the 
passage  of  this  ordinance,  shall  complete  the  said  route  of  railway 
and  put  the  same  in  operation,  or  forfeit  the  privileges  granted. 

Sec.  9.  Rights  reserved. — The  city  reserves  the  right  to 
make  all  necessary  improvements  in  said  streets  in  the  way  of 
drainage,  sewerage,  water  and  gas  privileges. 

Sec.  10.  Acceptance  in  writing. — The  Newport  Street 
Railway  Company,  their  successors  and  assigns,  shall,  within 
thirty  days  from  the  passage  of  this  ordinance,  enter  into  a con- 


* Note- — Held:  That  the  ten  dollars  per  car  is,  in  no  sense,  a tax,  but 
a bonus  for  the  franchise  granted  to  the  company.  City  of  Newport  vs. 
S.  Cov.  and  Cin.  St.  Ry.  Co.,  89  Ky.  29;  11  R.  319. 


4io 


Special  Ordinances. 


Street  Railways — Newport  Street  Railway  Company. 


tract  with  the  City  of  Newport  upon  the  terms  and  conditions 
specified  in  this  ordinance,  and  upon  failure  so  to  do,  this  ordi  * 
nance  may  be  repealed. 


An  Ordinance  prescribing  the  terms  and  conditions  upon  which  the  New- 
port Street  Railway  Company  may  construct  branches  communicating 
with  its  present  route,  by  extending  its  lines  of  street  railway  over  and 
upon  certain  streets  in  the  City  of  Newport,  Ky.  (Passed  May  19,  1881.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the  City 
of  Newport , Ky. 

Section  1.  Right  oe  way  — course. — That  the  Newport 
Street  Railway  Company  may,  upon  the  terms  and  conditions 
hereinafter  named,  construct  branches  communicating  with  its 
present  route  by  extending  its  lines  of  street  railway  over  and 
upon  the  following  named  streets  in  said  city,  to- wit:  On  Wil- 

liamson street  to  Washington  avenue,  on  Washington  avenue  to 
Eglantine  street,  on  Eglantine  to  the  Newport  and  Cincinnati 
Bridge,  thence  on  Saratoga  street  to  Taylor  street,  and  on  Taylor 
street  to  the  lines  of  said  road  on  Washington  avenue. 

Sec.  2.  Construction  and  operation — conditions. — The 
said  branches  or  lines  are  to  be  constructed  and  operated  by  said 
company  under  its  charter  and  in  accordance  with  and  subject  to 
all  the  terms,  conditions  and  requirements  of  the  existing  ordi- 
nance as  to  said  road,  passed  October  3,  1867,  and  entitled  “An 
ordinance  providing  for  the  construction  and  management  of  a 
street  railway  in  the  City  of  Newport.”  And  further,  and  in  addi- 
tion to  the  terms,  conditions  and  requirements  of  said  ordinance,, 
the  said  company  is  in  no  case  to  charge  passengers  on  any  of  its 
cars  an  amount  exceeding  the  following  rates  of  fare,  viz. : Six- 

teen tickets  for  one  dollar,  eight  tickets  for  fifty  cents,  and  four 
tickets  for  twenty-five  cents.  Each  of  said  tickets  good  for  one 
ride  from  Newport  to  Cincinnati,  or  from  Cincinnati  to  Newport. 


Special  Ordinances. 


41  i 


Street  Railways — Newport  Electric  Street  Railway  Company. 


The  local  fares  to  be  twenty-five  tickets  for  one  dollar,  twelve 
tickets  for  fifty  cents,  and  six  tickets  for  twenty-five  cents.  And 
the  local  cash  fare  in  Newport  not  to  exceed  five  cents.  The  said 
company  shall  lay  a double  track  on  said  Washington  avenue  from 
said  Taylor  street  to  Williamson  street,  said  track  to  be  laid  in  the 
same  manner  as  its  present  one  on  York  street,  and  said  lines  of 
railway  as  herein  defined  are  to  be  completed  and  operated  by  said 
company  within  thirty  days  from  May  19,  1881. 

Sec.  3.  Acceptance. — This  ordinance  shall  be  in  force  from 
the  time  that  the  President  of  said  company  shall  subscribe  his 
official  signature  hereto,  and  shall  be  a binding  contract  between 
the  city  and  said  company. 


An  Ordinance  consenting  that,  and  prescribing  the  terms  upon  which,  the 
Newport  Electric  Street  Railway  Company  may  build,  operate  and  main- 
tain an  electric  street  railway  on  and  over  certain  streets  in  the  City  of 
Newport.  (Passed  September  11,  1890.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the  City 
of  Newport,  Ky. 

Section  1.  Right  of  way  — course. — That  upon  the  terms 
and  conditions  hereinafter  prescribed,  the  consent  of  the  City  of 
Newport  is  given  to  the  Newport  Electric  Street  Railway  Com- 
pany and  its  assigns  to  use  so  much  of  the  following  streets  of  the 
City  of  Newport,  to-wit : Central  avenue,  from  the  south  corpo- 
rate line  of  the  city  to  Twelfth  street ; Twelfth  street,  from  Cen- 
tral avenue  to  Columbia  street;  Columbia  street,  from  Twelfth 
street  to  Tenth  street;  Tenth  street  and  the  Water-works  avenue, 
from  Central  avenue  to  the  junction  of  Grand  avenue  turnpike 
and  Water- works  avenue ; Monmouth  street,  from  the  south  cor- 
porate line  of  the  city  to  Eglantine  street ; Eglantine  street,  from 
Monmouth  street  to  Saratoga  street;  Taylor  street,  from  Mon- 
mouth street  to  York  street;  York  street,  from  Taylor  street  to 


412 


Special  Ordinances 


Street  Railways — Newport  Electric  Street  Railway  Company. 


Madison  street ; Madison  street,  from  York  street  to  Monmouth 
street,  as  it  may  deem  necessary  for  the  construction,  operation 
and  maintenance  of  a single  or  double  track  electric  railway,  or 
any  other  improved  system  of  motive  power  that  may  hereafter 
come  into  use,  saving  steam  railway,  from  any  bridge  crossing  the 
Ohio  river  from  Newport  to  Cincinnati,  to  the  joint  railway  depot 
at  the  head  of  Monmouth  street,  or  to  the  southern  corporate  line 
of  the  City  of  Newport,  or  both. 

Sec.  2.  Terms  and  conditions. — The  terms  and  conditions 
upon  which  said  consent  is  made  are  as  follows : 

First  — No  more  than  five  cents  for  a single  fare  shall  be 
charged  to  any  person  for  riding  in  any  of  the  cars  of  said  com- 
pany from  or  to  any  point  in  the  City  of  Newport,  to  or  from  any 
point  in  the  City  of  Cincinnati  to  which  the  same  may  run.  Local 
fares  shall  be  six  tickets  for  twenty-five  cents,  good  for  a ride  in 
the  corporate  limits  of  the  City  of  Newport. 

Second  — Said  company  shall  pay  into  the  city  treasury  for 
the  next  five  years  the  sum  of  ten  dollars  annually  as  a license  for 
each  and  every  passenger  car  regularly  run  and  used  upon  said 
railway,  and  at  the  expiration  of  said  five  years  the  Board  of 
Councilmen  may  fix  the  license  at  a less  or  greater  sum  than  ten 
dollars,  but  not  to  exceed  the  license  charged  all  other  street 
railway  companies  in  said  city. 

Third  — Upon  completion  of  the  road,  during  summer  months 
cars  shall  leave  the  terminus  in  the  City  of  Newport  not  later 
than  5 o’clock  a.  m.,  and  during  the  winter  months  not  later  than 

6 o’clock  a.  m.  Until  g o’clock  a.  m.,  and  4 o’clock  p.  m.  to 

7 o’clock  p.  m.,  cars  shall  run  at  intervals  of  not  less  than  eight 
minutes ; at  all  other  times  at . intervals  of  not  less  than  fifteen 
minutes.  Cars  shall  be  run  continuously  at  said  intervals  from  the 
said  times  in  the  morning  until  not  earlier  than  the  time  which 
a car  leaving  the  Newport  terminus  shall  reach  the  Cincinnati 
terminus  of  the  line  at  12  o’clock  at  night  to  return  to  the 
terminus  in  the  City  of  Newport.  By  summer  months  is  meant 
from  the  first  day  of  April  until  the  first  day  of  November ; by  the 


Special  Ordinances. 


413 


Street  Railways — Newport  Electric  Street  Railway  Company. 


winter  months,  from  the  first  day  of  November  until  the  first  day 
of  April.  By  Cincinnati  terminus  of  line  is  meant  the  point  far- 
thest from  the  bridge  over  the  Ohio  river  which  may  be  crossed, 
to  which  the  cars  of  the  company  may  go,  whether  over  their  own 
or  another  company’s  tracks  or  lines. 

Fourth  — No  car  shall  be  run  over  the  streets  of  the  city  at 
a greater  speed  than  ten  miles  per  hour. 

Fifth  — Every  car  when  running  over  said  line  shall  have  a 
driver  or  motorman  operating  the  cars,  and  a conductor.  Under 
no  circumstances  shall  the  driver  or  motorman  be  permitted  to 
leave  the  place  from  which  he  operates  the  car  while  the  same  is 
in  motion.  Cars  shall  not  be  compelled  to  stop  except  at  the  far- 
ther crossing  at  intersection  of  streets  to  take  on  or  let  off  passen- 
gers, and  the  names  of  all  streets  crossed  shall  be  announced  so 
that  passengers  may  hear  it. 

Sixth  — Cars  after  sunset  shall  be  provided  with  signal  lights. 

Seventh  — The  right  to  tear  up  the  tracks  for  the  purpose  of 
improving  or  repairing  the  streets,  building  or  repairing  sewers, 
laying  gas  or  water  pipes,  or  repairing  the  same,  or  making  any 
improvement,  or  doing  any  work  which  necessitates  the  tearing 
up  of  the  track  or  poles  or  displacement  of  the  wires,  is  reserved 
to  the  city  after  due  notice  to  the  company,  and  the  said  company 
shall,  at  its  own  proper  cost,  replace  the  same. 

Eighth  — Should  the  city  improve  the  streets  in  any  way, 
which,  in  the  judgment  of  the  city  authorities,  requires  a change 
in  the  kind  and  manner  of  track  to  least  incommode  public  travel, 
then  said  company  shall,  at  its  own  cost,  remove  the  old  tracks 
and  replace  the  same  with  that  designated  by  the  city  authorities. 

Ninth  — The  tracks  shall  be  of  standard  gauge,  and  so  laid 
and  maintained  as  to  offer  the  least  impediment  to  public  travel, 
and  of  the  rail  that  the  City  Engineer  shall  designate.  Where 
tracks  cross  gutters,  suitable  iron  gutter-plates  shall  be  placed  and 
maintained  by  the  street  railway  company  the  entire  width  of  the 
street,  so  as  to  permit  the  flow  of  water  under  them. 


414 


Special  Ordinances. 


Street  Railways — Newport  Electric  Street  Railway  Company. 


Tenth — Signal  bells  shall  be  rung  on  each  car  when  ap- 
proaching and  while  crossing  streets,  and  while  any  person,  animal 
or  vehicle  is  on  the  tracks  in  front  of  the  car. 

Eleventh  — Said  company  shall  be  liable  to  the  city  for  all 
damages  it  may  sustain  by  reason  of  any  of  the  grants  herein 
made,  and  shall  indemnify  the  city  against  all  such  damages  by 
a bond  with  security,  to  be  approved  by  the  Board  of  Councilmen, 
or  it  may  give  first  mortgage  on  its  property  and  franchises  in 
lieu  of  bond. 

Twelfth  — The  poles  erected  by  the  company  shall  be  of 
cedar  or  other  hard  wood,  to  be  approved  of  by  the  City  Engi- 
neer, of  smooth  surface  and  painted  two  coats  of  paint,  and  shall 
be  kept  clean,  and  the  maintenance  of  them  and  of  the  wires  and 
appendages  shall  conform  in  so  far  as  applicable  to  the  rules  and 
regulations  in  force  in  Cincinnati  as  to  like  roads. 

Thirteenth  — Any  other  street  railway  company  may  use  the 
tracks  of  this  road  over  the  bridge  or  bridges,  and  not  to  exceed 
seven  squares  from  the  Newport  end  of  the  bridge  or  bridges  over 
the  Ohio  river  on  which  it  may  cross  the  same,  and  if  the  said 
other  road  is  propelled  by  -electricity,  may  use  the  electrical  power 
of  this  company  to  light  and  propel  its  cars  over  the  bridge  or 
bridges  and  said  part  of  the  road.  This  company  providing 
power  sufficient  to  permit  of  the  same,  said  other  company  paying 
a fair  compensation  for  the  use  of  tracks  and  for  said  power,  to 
be  agreed  on  if  possible,  or  if  not,  to  be  determined  by.  arbitra- 
tion, each  company  to  choose  one  arbitrator  and  the  third  to  be 
chosen  by  the  two  so  chosen,  or  if  they  fail,  then  the  Circuit  Judge 
of  the  district  to  appoint  the  third  arbitrator.  Said  arbitrators 
shall  fix  compensation  per  passenger,  to  be  paid  quarterly  or 
monthly.  Either  company  may  have  a re-appraisement  in  like 
manner  after  the  lapse  of  five  years  from  last  appraisement. 

Pending  negotiations  and  arbitration,  such  other  company 
may  at  once  use  the  tracks  and  power  of  said  company  on  exe- 
cuting bond  in  a sum  to  be  fixed  by  the  Mayor,  and  with  sureties 


Special  Ordinances. 


4i5 


Street  Railways — Newport  Electric  Street  Railway  Company. 


to  be  approved  by  him,  to  cover  the  compensation  for  use  of  said 
track  and  power  until  the  same  shall  be  fixed  as  provided  herein. 

Fourteenth  — The  construction  of  the  said  road  shall  be 
under  the  supervision  of  the  City  Engineer. 

Fifteenth  — The  said  road  shall  be  constructed  and  in  oper- 
ation within  one  year  of  the  passage  of  this  charter,  and  if  not, 
then  this  ordinance  may  be  repealed,  provided  that  the  time  which 
may  elapse  pending  law  suits  impeding  the  work  to  which  the 
company  is  a party  shall  not  be  included  in  said  time. 

Sixteenth  — The  power-house  for  said  road  shall  be  built  and 
maintained  within  Campbell  County,  Kentucky. 

Sec.  3.  The  rights  and  privileges  conferred  by  this  ordi- 
nance are  to  endure  for  twenty-five  years,  and  no  longer. 

Sec.  4.  Acceptance  in  writing. — This  ordinance  shall 
take  efifect  from  and  after  its  passage  and  its  acceptance  in 
writing  by  said  Newport  Electric  Street  Railway  Company,  if 
accepted  within  ten  days  after  its  passage. 

(Acceptance  of  date  September  13,  1890;  received  and  filed 
September  23,  1890.) 


An  Ordinance  consenting  that  the  Newport  Electric  Street  Railway  Com- 
pany may  build,  operate  and  maintain  an  electric  street  railway  on  and 
over  certain  streets  in  the  City  of  Newport.  (Approved  May  7,  1891.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the  City 
of  Newport,  Ky. 

Section  1.  Right  oe  way  — course. — That  upon  all  and 
singular  the  terms  and  conditions  prescribed  and  imposed  by  an 
ordinance  entitled  “An  ordinance  consenting  that,  and  prescribing 
the  terms  upon  which,  the  Newport  Electric  Street  Railway  Com- 


416 


Special  Ordinances 


Street  Railways — Newport  Electric  Street  Railway  Company. 


pany  may  build,  operate  and  maintain  an  electric  street  railway 
on  and  over  certain  streets  in  the  City  of  Newport,”  passed  Sep- 
tember ii,  1890,  the  consent  of  the  City  of  Newport  is  given  to 
the  Newport  Electric  Street  Railway  Company  and  its  assigns  to 
use  so  much  as  it  may  deem  necessary  in  the  construction,  oper- 
ation and  maintenance  of  single  track  with  turnouts,  or  double 
track,  or  either  electric  railway  or  any  improved  system  of  motive 
power  that  may  hereafter  come  into  use,  saving  steam  railway, 
of  the  following  streets : Saratoga  street,  from  the  entrance  to 

the  Newport  and  Cincinnati  bridge  at  the  foot  thereof,  to  Taylor 
or  Third  street  ; Taylor  or  Third  street,  from  Saratoga  to  Central 
avenue,  including  the  entrance  to  the  new  bridge  over  the  Ohio 
river;  Central  avenue,  from  Taylor  or  Third  street  to  Tibbatts  or 
Tenth  street;  Tibbatts  or  Tenth  street,  from  Central  avenue  to 
Monroe  street;  Monroe  street,  from  Tibbatts  or  Tenth  street  to 
Madison  or  Fifth  street ; Madison  or  Fifth  street,  from  Monroe 
to  Overton  street ; Overton  street,  from  Madison  or  Fifth  street 
to  Taylor  or  Third  street ; Taylor  or  Third  street,  from  Overton 
street  to  Saratoga  street,  including  so  much  of  Washington  avenue 
as  necessary  to  continue  on  Taylor  street  at  that  point;  and  also 
from  Central  avenue,  on  Williamson  or  Eleventh  street  to  the 
Licking  river,  including  any  approach  to  any  bridge  crossing  said 
river ; and  also  from  Overton  street,  on  Taylor  or  Third  street  to 
the  east  corporate  line  of  the  city. 

Sec.  2.  Streets  to  be  repaired. — That  said  company  shall 
restore  all  said  streets,  avenues  and  ways  used  by  them  to  as  good 
condition  as  they  were  before  the  opening  of  same  for  the  laying 
of  said  tracks. 

Sec.  3.  When  to  take  EEEECT. — This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  approval. 


Special  Ordinances. 


4i7 


Street  Railways — Newport  Electric  Street  Railway  Company. 


An  Ordinance  extending  the  time  for  the  Newport  Electric  Street  Railway 
Company  to  build,  operate  and  maintain  an  electric  street  railway  on 
and  over  certain  streets  in  the  City  of  Newport,  under  the  ordinances 
passed  September  11,  1890,  and  May  7,  1891,  and  resolutions  adopted 
January  28,  1892,  and  April  21,  1892,  and  regulating  fares  thereon. 
(Passed  May  19,  1892.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the  City 

o f Newport , Ky. 

Section  1.  Time  extended. — The  time  within  which  the 
said  Newport  Electric  Street  Railway  Company  and  its  assigns 
shall  construct,  operate  and  maintain  an  electric  street  railway  on 
and  over  certain  streets  in  the  City  of  Newport,  as  provided  in 
ordinances  duly  passed  and  adopted  on  September  11,  1890,  and 
May  7,  1891,  and  as  subsequently  extended  by  resolutions  duly 
adopted  January  28,  1892,  and  April  21,  1892.  the  construction 
of  said  street  railway  having  been  already  commenced  by  said 
company,  is  hereby  extended  and  continued  for  the  period  of  one 
year  from  and  after  the  passage  of  this  ordinance. 

Sec.  2.  Terms  and  conditions. — Said  extension  of  time 
for  completing  and  putting  into  operation  said  railway  is  made 
upon  all  and  singular  the  following  terms  and  conditions : 

First  — That  the  said  company  shall  have  the  right  to  charge 
and  collect  a five-cent  cash  fare,  and  no  more,  from  or  to  any  point 
in  the  City  of  Newport,  to  or  from  any  point  in  the  City  of  Cin- 
cinnati, and  a five-cent  cash  fare,  and  no  more,  for  each  and  every 
continuous  ride  within  the  corporate  limits  of  the  City  of  Newport. 

Second  — Said  company  shall  pay  into  the  city  treasury  the 
sum  of  two  hundred  and  fifty  dollars,  and  no  more,  on  the  first 
day  of  May  of  each  and  every  year,  as  a license  fee  on  its  fran- 
chise and  the  use  and  occupancy  of  the  streets,  which  said  license 
fee  shall  be  in  lieu  of  all  other  license  fees,  municipal  taxes  and 
assessments  of  any  kind  whatsoever,  including  all  street  improve- 


(27N) 


418 


Special  Ordinances. 


Street  Railways — Newport  Electric  Street  Railway  Company. 


ments,  excepting  only  the  ad  valorem  tax  on  its  real  estate  and 
personal  property. 

Third  — No  car  shall  run  over  the  streets  of  the  city  at  a 
speed  greater  than  twelve  miles  an  hour. 

Fourth  - — Should  the  city  improve  the  streets  in  any  way 
which,  in  the  judgment  of  the  city  authorities,  requires  a change 
in  the  grade  of  the  track  or  tracks,  then  said  company  shall,  at 
its  own  cost,  change  the  grade  of  said  track  or  tracks  so  as  to 
conform  to  the  grade  of  the  street  so  established. 

Fifth  — The  track  shall  be  of  the  local  standard  gauge  of  five 
feet  two  and  one-half  inches,  and  of  the  most  approved  girder 
rail  pattern.  Said  track  or  tracks  shall  be  so  laid  and  maintained 
under  the  supervision  of  the  City  Engineer  as  to  offer  the  least 
impediment  to  public  travel.  Where  tracks  cross  gutters,  gutter- 
plates  of  iron  shall  be  placed  and  maintained  by  said  company  the 
entire  width  of  the  street,  so  as  to  permit  a flow  of  water  under  it. 

Sec.  3.  Applied  to  ordinance  oe  May  7,  1891.— The  fore- 
going terms  and  conditions  in  Section  2 hereof  shall  extend  and 
apply  to  the  ordinance  passed  and  adopted  May  7,  1891,  and  to  all 
the  terms  and  conditions  thereof. 

Sec.  4.  Acceptance  in  writing. — This  ordinance  shall  be 
accepted  in  writing  by  said  The  Newport  Electric  Street  Railway 
Company  within  twenty  (20)  days  after  its  passage,  and  when  so 
accepted  in  writing  shall  constitute  a contract  between  the  City 
of  Newport,  Ky.,  and  The  Newport  Electric  Street  Railwav 
Company  and  its  assigns. 

Sec.  5.  When  to  take  EEEect. — This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  approval. 

(Acceptance  received  and  ordered  filed  June  2 , 1892.) 


Special  Ordinances. 


419 


Street  Railways — Newport  Electric  Street  Railway  Company. 


An  Ordinance  consenting  that,  and  prescribing  the  terms  upon  which,  the 
Newport  Electric  Street  Railway  Company  may  build,  operate  and  main- 
tain an  electric  street  railway  on  and  over  certain  streets  in  the  City  of 
Newport.  (Passed  May  18,  1893.) 

Whereas,  By  certain  ordinances  heretofore  passed  and 
adopted  by  the  City  Council  of  the  City  of  Newport,  and  duly 
approved  by  the  Mayor  of  said  city,  of  dates  September  11,  1890, 
May  7,  1891,  and  May  19,  1892,  the  consent  of  the  City  of  New- 
port was  given  by  said  ordinances  to  the  Newport  Electric  Street 
Railway  Company  and  its  assigns  to  build,  construct,  operate  and 
maintain  an  electric  street  railway  upon  and  over  certain  streets 
in  said  city  named  in  said  ordinances,  and  to  use  so  much  of  said 
streets  as  it  might  deem  necessary  in  the  construction,  operation 
and  maintenance  of  a single  track  with  turnouts,  or  double  track, 
or  either,  electric  railway,  or  any  improved  system  of  motive  power 
that  may  hereafter  come  into  use,  saving  steam  railway ; and, 
Whereas,  In  the  said  drafting  of  said  ordinances,  by  some 
oversight  or  omission  the  following  portions  of  the  following 
streets  were  omitted  from  the  said  ordinances,  to-wit : William- 

son or  Eleventh  street,  from  York  to  Central  avenue,  and  Central 
avenue,  from  Eleventh  to  Tenth  streets;  and, 

Whereas,  In  consideration  of  the  giving  by  the  City  of 
Newport  the  consent  of  the  said  city  to  the  said  Newport  Elec- 
tric Street  Railway  Company  and  its  assigns,  to  use  said  portions 
of  the  said  streets  in  the  same  manner  and  under  the  same  terms 
and  conditions  as  provided  for  under  said  ordinances  for  the 
streets  and  portions  of  streets  named  in  the  said  ordinances,  the 
said  Newport  Electric  Street  Railway  Company  hereby  agrees 
and  promises,  for  itself  and  assigns,  to  put  concrete  foundations 
under  all  the  tracks  and  cross-ties  to  be  laid  and  put  down  by  it 
on  and  over  the  streets  of  the  City  of  Newport  that  are  paved,  or 
to  be,  or  that  may  hereafter  be  paved,  with  brick,  granite  or 
asphalt,  on  and  over  which  the  said  street  railway  has  been  by 
said  ordinance  heretofore  named  and  specified,  authorized  to,  and 


420 


Special  Ordinances 


Street  Railways — Newport  Electric  Street  Railway  Company. 


for  which  the  City  of  Newport  has  given  its  consent  to  said  com- 
pany and  its  assigns  to  lay,  run,  operate  and  maintain  its  line  or 
lines  of  railways ; and  now,  therefore,  in  consideration  of  the 
premises, 

Be  it  ordained  by  the  Mayor  and  Board  of  C ouncilmen  of  the  City 

of  Newport,  Ky. 

Section  i.  Grant  — terms  and  conditions  — course  oe 
STREETS. — That  upon  the  terms  and  conditions  prescribed  and 
imposed  by  an  ordinance  entitled  “An  ordinance  consenting  that, 
and  prescribing  the  terms  upon  which  the  Newport  Electric  Street 
Railway’  Company  may  build,  operate  and  maintain  an  electric 
street  railway  on  and  over  certain  streets  in  the  City  of  New- 
port,” passed  and  approved  September  n,  1890,  and  an  ordi- 
nance entitled  “An  ordinance  consenting  that  the  Newport  Elec- 
tric Street  Railway  Company  may  build,  operate  and  maintain  an 
electric  street  railway  on  and  over  certain  streets  in  the  City  of 
Newport,”  passed  and  approved  May  7,  1891,  and  an  ordinance 
entitled  “An  ordinance  extending  the  time  for  the  Newport  Elec- 
tric Street  Railway  Company  to  build,  operate  and  maintain  an 
electric  street  railway  on  and  over  certain  streets  in  the  City  of 
Newport  under  the  ordinance  passed  September  11,  1890,  and 
May  7,  1891,  and  resolutions  adopted  January  28,  1892,  and 
April  21,  1892,  and  regulating  fares  thereon,”  passed  and  approved 
May  19,  1892,  the  right  is  hereby  granted  to  the  Newport  Electric 
Street  Railway  Company  and  its  assigns  to  use  so  much  (as  they 
may  deem  necessary)  in  the  construction,  operation  and  main- 
tenance of  a single  track  without  turnouts,  or  double  track,  or 
either,  electric  railway,  or  any  improved  system  of  motive  power 
that  may  hereafter  come  into  use,  saving  steam  railway,  of  the 
following  portions  of  the  following  streets,  to-wit : Williamson 

or  Eleventh  street,  from  York  to  Central  avenue,  and  Central 
avenue,  from  Eleventh  to  Tenth  street,  with  all  the  necessary 
poles,  wires  and  equipment. 

Sec.  2.  Road  — how  constructed  — concrete  eounda- 


Special  Ordinances. 


421 


Street  Railways — Newport  Electric  Street  Railway  Company. 


Tions. — That  the  said  Newport  Electric  Street  Railway  Company 
and  its  assigns  are  hereby  required  to,  and  shall,  under  the  direc- 
tion of  and  supervision  of  the  City  Engineer,  lay  down  and  put  a 
good,  solid  foundation  of  concrete  under  all  its  tracks  and  cross- 
ties, and  under  all  the  streets  and  parts  of  streets  in  said  city, 
which  may  be  paved  with  brick,  granite  or  asphalt,  on  and  over 
which  the  said  street  railway  company  may  lay  down,  run  and 
operate  and  maintain  its  line  or  lines  of  street  railway  in  said  city. 
The  said  concrete  foundation  as  aforesaid  shall  be  laid  and  put 
down  as  aforesaid  at  the  exclusive  cost  and  expense  of  the  said 
Newport  Electric  Street  Railway  Company  and  its  assigns,  and 
shall  be  done  under  the  direction  and  supervision  of  the  Engineer 
of  said  city,  and  in  accordance  with  the  specifications  therefor  to 
be  provided  by  the  said  Engineer. 

Sec.  3.  Extension  of  time. — In  consideration  of  the  laying 
and  putting  down  of  the  said  concrete  foundation  as  aforesaid,  as 
provided  in  Section  2 hereof,  the  time  in  which  said  Newport 
Electric  Street  Railway  Company  and  its  assigns  may  build,  con- 
struct and  put  in  operation  its  line  or  lines  of  street  railway  under 
the  terms  and  provisions  of  the  said  ordinances  and  the  resolutions 
heretofore  named  herein  is  hereby  extended  for  a period  of  six 
months  from  and  after  the  passage  of  this  ordinance ; provided, 
that  if  the  completion  of  said  road  within  said  time  is  delayed  by 
injunction  or  other  legal  proceedings,  the  delay  occasioned  by  said 
injunction  or  other  proceedings  shall  not  be  considered  any  part 
of  the  time  within  which  said  road  shall  be  completed  under  the 
terms  of  this  ordinance. 

Sec.  4.  Acceptance  in  writing. — This  ordinance  shall  be 
accepted  in  writing  by  the  said  Newport  Electric  Street  Railway 
Company  within  ten  days  from  and  after  its  passage,  and  when  so 
accepted  in  writing  shall  constitute  a contract  between  the  City  of 
Newport  and  the  said  Newport  Electric  Street  Railway  Company 
and  its  assigns. 

Sec.  5.  Concrete — how  contracted  and  paid  for. — 
The  contract  for  the  concrete  under  the  cross-ties  for  the  full 


422 


Special  Ordinances 


Street  Railways — Newport  Electric  Street  Railway  Company. 


width  of  the  tracks,  as  hereinbefore  provided,  shall  be  contracted 
for  by  the  City  of  Newport,  and  the  said  electrical  railway  shall 
pay  for  the  construction  of  the  same. 

Sec.  6.  Central  avenue  — road  to  be  constructed. — It 
is  further  agreed  that  Central  avenue,  from  Third  to  Eleventh 
streets,  shall  be  constructed  and  operated  by  said  company  under 
the  terms  and  conditions  of  Section  i herein. 

Sec.  7.  Rates  — transeers. — Persons  entering  the  cars  of 
the  street  railway  in  the  City  of  Newport  for  the  purpose  of  a con- 
tinuous ride  to  Covington  shall  be  entitled,  without  extra  fare,  to 
a transfer  on  the  cars  running  to  Covington,  and  persons  entering 
the  cars  in  Covington  for  a continuous  ride  to  any  point  on  the  line 
in  the  City  of  Newport  shall  be  entitled  to  such  transfer  without 
extra  fare.  The  cash  fare  from  any  point  in  Newport  to  any  point 
in  Bellevue  or  Dayton,  in  this  county,  shall  be  five  cents,  and  no 
more,  and  the  acceptance  of  this  ordinance  shall  constitute  a con- 
tract upon  the  part  of  said  street  railway  company  to  provide  and 
furnish  such  transfer  without  additional  compensation. 

Sec.  8.  Streets  to  be  restored. — Said  street  railway  com- 
pany shall,  immediately  after  its  tracks  are  laid,  restore  the  street 
to  as  good  a condition  as  it  was  before  said  tracks  were  laid. 

Sec.  9.  When  to  take  effect. — This  ordinance  shall  take 
effect  from  and  after  its  passage. 

(Acceptance  received  and  filed  June  1,  1893.) 


An  Ordinance  granting  to  the  Newport  Electric  Street  Railway  Company, 
its  successors  and  assigns,  the  right  to  change  its  route  over  certain 
streets  in  the  City  of  Newport,  Ky.  (Approved  July  30,  1895.) 

Whereas,  It  is  deemed  for  the  best  interest  of  the  City  of 
Newport,  and  of  the  citizens  residing  in  the  western  part  of  said 
city,  that  certain  changes  should  be  made  in  the  lines  of  the  street 
railway  in  the  City  of  Newport,  for  the  better  accommodation  of 
the  citizens  of  said  city ; and. 


Special  Ordinances. 


423 


Street  Railways — Newport  Electric  Street  Railway  Company. 


Whereas,  The  Newport  Electric  Street  Railway  Company 
is  now  possessed  of  the  right  to  construct  its  tracks  on  Central 
avenue,  from  Fifth  street  to  the  corporation  line,  but  is  willing, 
in  lieu  of  constructing  its  tracks  on  said  part  of  Central  avenue, 
to  extend  and  construct  its  tracks  from  Fifth  street  and  Central 
avenue,  west  on  Fifth  street  to  Patterson  street,  and  south  on 
Patterson  street  to  the  corporation  line ; and, 

Whereas,  It  is  deemed  for  the  best  interest  of  the  City  of 
Newport  that  said  change  shall  be  made;  therefore, 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

Section  1.  Extension  authorized  — conditions. — That 
the  Newport  Electric  Street  Railway  Company  is  hereby  author- 
ized to  extend  its  line  of  railway  from  the  corner  of  Fifth  street 
and  Central  avenue,  as  follows : On  Fifth  street,  from  Central 

avenue  to  Patterson  street ; on  Patterson  street,  from  Fifth  street 
to  the  south  corporation  line  of  the  City  of  Newport. 

The  right  to  extend  as  herein  provided  is  in  consideration  of 
the  following  conditions,  to-wit : 

First  — The  said  Newport  Electric  Street  Railway  Company 
shall,  within  four  months  after  the  acceptance  of  this  ordinance, 
as  hereinafter  provided,  construct  and  have  in  running  order  its 
line  of  street  railway,  with  double  tracks,  on  and  over  the  follow- 
ing streets  in  said  City  of  Newport,  to-wit:  Beginning  at  the 

Central  Bridge  on  Third  street,  thence  on  Third  street  to  Central 
avenue,  thence  on  Central  avenue  to  Fifth  street,  thence  on  Fifth 
street  to  Patterson  street,  thence  on  Patterson  street  to  Eleventh 
street. 

Second  — The  said  Newport  Electric  Street  Railway  Com- 
pany shall  release  its  right  of  way  and  surrender  to  the  City  of 
Newport  its  right  to  construct  and  operate  a street  railway  system 
on  and  over  Central  avenue,  from  Fifth  street  to  the  corporation 
line,  and  shall,  within  thirty  days  from  the  acceptance  of  this  ordi- 
nance, remove  the  tracks  now  laid  on  Central  avenue  south  of 
Fifth  street,  and  restore  said  Central  avenue  in  good  condition,  to 


424 


Special  Ordinances. 


Street  Railways — Newport  Electric  Street  Railway  Company. 


the  satisfaction  of  the  City  Engineer  and  Superintendent  of  Public 
Works;  provided , however , that  if  the  said  Newport  Electric 
Street  Railway  Company  should  be  prevented  by  legal  process 
from  constructing  its  line  of  railway  on  Fifth  street,  from  Central 
avenue  to  Patterson  street,  and  on  Patterson  street,  from  Fifth 
street  to  Eleventh  street,  then  all  the  right  and  interest  of  the  said 
Newport  Electric  Street  Railway  Company  on  Central  avenue, 
from  Fifth  street  to  the  corporation  line,  hereby  agreed  to  be  sur- 
rendered,. shall  re-invest  in  the  said  Newport  Electric  Street  Rail- 
way Company,  the  same  as  if  the  said  right  had  never  been 
surrendered  or  released  by  said  company. 

Third  — The  Newport  Electric  Street  Railway  Company 
shall,  within  ten  days  after  the  acceptance  of  this  ordinance,  as 
herein  provided,  obtain  and  file  with  the  City  of  Newport  a release 
from  the  South  Covington  and  Cincinnati  Street  Railway  Com- 
pany to  the  City  of  Newport,  releasing  to  said  city  the  right  and 
privilege  now  owned  by  the  said  South  Covington  and  Cincinnati 
Street  Railway  Company,  to  construct,  maintain  and  operate  a line 
of  electric  street  railway  on  Fifth  street,  in  the  City  of  Newport, 
and  the  tracks  of  the  said  South  Covington  and  Cincinnati  Street 
Railway  Company  on  said  Fifth  street  shall,  within  thirty  days 
after  said  consent  has  been  filed,  be  removed  from  Fifth  street, 
and  the  said  street  shall  be  placed  in  good  order,  to  the  satisfaction 
of  the  Superintendent  of  Public  Works  and  the  City  Engineer.* 

Fourth  — Nothing  herein  shall  be  construed  as  affecting  or 
changing  ordinances  heretofore  passed  granting  privileges  to  the 
Newport  Electric  Street  Railway  Company,  except  as  herein 
contained. 

Sec.  2.  Acceptance  in  writing. — The  Newport  Electric 
Street  Railway  Company  shall,  within  ten  days  after  the  approval 
of  this  ordinance  by  the  Mayor,  file  its  acceptance  of  the  same  in 
writing  with  the  City  Clerk  of  the  City  of  Newport,  and  the  said 
acceptance  shall  constitute  a contract  between  said  company  and 
said  city. 


* Note. — This  release  filed  August  2,  1895. 


Special  Ordinances. 


425 


Street  Railways — South  Cov.  and  Cin.  Street  Railway  Company. 


Sec.  3.  When  to  take  EEEECT. — This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  approval. 

(Acceptance  dated  August  2 , 1895.) 


An  Ordinance  authorizing  the  South  Covington  and  Cincinnati  Street  Rail- 
way Company  to  change  its  motive  power  from  animal  power  to  elec- 
tricity in  the  City  of  Newport,  and  to  regulate  the  change  of  tracks 
therefor  and  the  rates  of  fare  thereon.  (Passed  May  19,  1892.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the  City 
of  Newport , Ky. 

Section  1.  Change  oE  power — privileges  granted. — Thai; 
the  South  Covington  and  Cincinnati  Street  Railway  Company  be, 
and  the  same  is  hereby  authorized  and  empowered  to  change  its 
motive  power  from  animal  power  to  electricity,  and  to  that  end 
erect,  establish,  maintain  and  operate  a system  of  electric  street 
railway,  with  all  the  necessary  and  convenient  tracks,  switches 
and  turnouts,  and  with  all  necessary  poles,  overhead  wires,  curves, 
plant  fixtures,  appliances  and  appendages  that  may  now  be  or  mav 
hereafter  become  necessary  or  convenient  for  the  proper  use  and 
operation  of  the  same  on  and  over  all  the  streets  and  ways  of  the 
City  of  Newport,  on  and  over  which  the  South  Covington  and 
Cincinnati  Street  Railway  Company  is  now  operating  or  may  here- 
after, by  grant  or  ordinance  from  the  Board  of  Councilmen  or 
other  properly  constituted  municipal  authorities,  acquire  the  power 
and  right  to  operate  street  railways,  with  the  right  and  power  to 
the  said  company,  its  successors  and  assigns,  to  make  all  neces- 
sary and  convenient  connections  of  its  tracks  with  any  bridge  or 
bridges  now  crossing  the  Ohio  river  to  the  City  of  Cincinnati,  or 
with  its  other  tracks  in  the  City  of  Newport,  or  with  any  other 
street  railway  tracks  now  or  hereafter  constructed  in  the  City  of 
Newport. 

Sec.  2.  Speed  limit. — The  cars  of  said  system  may  be 


426 


Special,  Ordinances. 


Street  Railways — South  Cov.  and  Cin.  Street  Railway  Company. 


drawn  or  propelled  at  a greater  rate  of  speed  than  six  miles  per 
hour,  but  not  to  exceed  a speed  of  twelve  miles  per  hour. 

Sec.  3.  Time  schedule. — Upon  the  completion  of  the  road, 
cars  shall,  during  the  summer  months,  leave  the  terminus  in  the 
City  of  Newport  not  later  than  5 o’clock  a.  m.,  and  during  the 
winter  months  not  later  than  6 o’clock  a.  m.  Until  9 o’clock  a.  m., 
and  from  4 o’clock  p.  m.  to  7 o’clock  p.  m.  cars  shall  run  at  inter- 
vals of  not  more  than  eight  minutes ; at  all  other  times  at  intervals 
of  not  more  than  fifteen  minutes.  Cars  shall  be  run  continuously 
at  said  intervals  from  the  said  times  in  the  morning  until  not 
earlier  than  the  time  which  a car  leaving  the  Newport  terminus 
shall  reach  the  Cincinnati  or  Covington  terminus  of  the  line  at 
12  o’clock  at  night  to  return  to  the  terminus  in  the  City  of  New- 
port. By  summer  months  is  intended  from  the  first  of  April  until 
the  first  of  November;  by  winter  months  is  intended  from  the 
first  of  November  to  the  first  of  April.  By  Cincinnati  terminus 
of  the  line  is  intended  the  point  farthest  from  the  bridge  over  the 
Ohio  river  which  may  be  crossed  to  which  the  cars  of  the  company 
go,  whether  over  their  own  or  any  other  company’s  line  of  track. 

Sec.  4.  Conductor  and  motorman. — No  electric  car  shall 
be  operated  over  said  system  unless  both  a conductor  and  a motor- 
man  or  a driver  be  in  charge  of  the  same,  both  of  whom  shall  be 
over  the  age  of  twenty-one  years,  and  signal  lights  and  bells  shall 
be  on  same. 

Sec.  5.  Poles  — regulations. — The  poles  erected  by  the 
company  shall  be  cedar  or  other  hard  wood  of  octagonal  shape, 
to  be  approved  by  the  City  Engineer,  of  smooth  surface  and 
painted  two  coats  of  paint,  and  shall  be  kept  clean,  and  the  main- 
tenance of  them  and  the  wires  and  appendages  shall  copform,  in 
so  far  as  applicable,  to  the  rules  and  regulations  in  force  in 
Cincinnati  as  to  like  roads. 

Sec.  6.  Fares.- — The  South  Covington  and  Cincinnati  Street 
Railway  Company  shall  have  the  right  to  charge  and  collect,  from 
and  after  the  date  of  the  acceptance  of  this  ordinance  by  the  said 


Special  Ordinances. 


4 27 


Street  Railways — South  Cov.  and  Cin.  Street  Railway  Company. 


company,  a five-cent  cash  fare,  and  no  more,  for  a continuous  ride 
from  any  point  in  the  City  of  Newport  at  which  the  company  or 
its  assigns  has  its  track  or  tracks,  to  any  point  in  the  City  of  Cin- 
cinnati to  which  said  company  may  go  with  its  cars,  either  over 
its  own  or  any  other  company’s  tracks  or  lines ; and  a five-cent 
cash  fare,  and  no  more,  from  any  point  in  the  City  of  Cincinnati 
at  which  said  company’s  cars  extend  and  go,  to  any  point  in  the 
City  of  Newport  to  which  said  company’s  lines  extend ; and  a five- 
cent  cash  fare,  and  no  more,  from  any  point  in  the  City  of  New- 
port at  which  said  company  has  its  line,  to  any  point  in  the  City 
of  Covington  at  which  said  company  has  its  line ; and  a five-cent 
cash  fare,  and  no  more,  from  any  point  in  the  City  of  Covington 
at  which  said  company  has  its  line,  to  any  point  on  its  line  in  New- 
port ; and  a five-cent  cash  fare,  and  no  more,  from  any  point  in 
the  City  of  Newport  on  its  line,  to  any  point  in  the  City  of  Dayton 
on  its  line ; and  a five-cent  cash  fare,  and  no  more,  from  any  point 
in  the  City  of  Dayton  on  its  line,  to  any  point  in  the  City  of  New- 
port on  its  line ; and  a five-cent  cash  fare,  and  no  more,  for  a con- 
tinuous ride  within  the  corporate  limits  of  the  City  of  Newport; 
and  in  consideration  of  said  change  of  motive  power,  said  com- 
pany shall  be,  and  is  hereby  released  from  any  and  all  obligations 
to  keep  any  street,  or  any  part  thereof,  in  the  City  of  Newport 
occupied  by  any  of  its  tracks  in  order  or  repair  or  to  pave  or  to 
renew  the  pavement  of  any  street  so  occupied  by  its  track  or 
tracks ; but  shall  at  all  times  repair  the  streets  and  put  the  same 
in  their  original  condition  when  it,  the  said  company,  changes  its 
track  or  tracks  or  renews  the  same,  renewing  the  said  tracks  with 
a good  and  secure  foundation  under  its  ties,  the  work  and  the 
material  used  to  be  done  according  to  the  specifications  of,  and 
under  the  supervision  of  and  to  the  satisfaction  of  the  City  Engi- 
neer ; provided,  however , that  when  any  change  or  changes  in  said 
track  or  tracks  is  ordered  by  the  city,  the  foundation  under  the 
said,  tracks  shall  be  renewed  and  made  at  the  cost  of  the  City  of 
Newport. 

Sec.  7.  License  EEE. — The  said  company  shall  pay  into  the 


428 


Special  Ordinances. 


Street  Railways — South  Cov.  and  Cin.  Street  Railway  Company. 


city  treasury  of  the  City  of  Newport  the  sum  of  two  hundred  and 
fifty  ($250.00)  dollars  on  the  first  day  of  May  of  each  and  every 
year  as  a license  fee  on  its  franchise  and  the  occupation  of  the 
streets ; which  said  license  fee  shall  be  in  lieu  of  all  other  license 
fees,  municipal  taxes  and  assessments  of  every  kind  whatsoever, 
including  street  improvements,  excepting  only  the  ad  valorem 
taxes  on  its  real  estate  and  personal  property  and  special  taxes 
upon  real  estate. 

Sec.  8.  Change  oe  grade. — Should  the  city  improve  the 
streets  in  any  way  which,  in  the  judgment  of  the  city  authorities, 
requires  a change  in  grade  of  the  said  track  or  tracks,  then  the 
said  company  or  its  assigns  shall,  at  its  own  cost,  change  the 
grade  of  the  said  track  or  tracks  so  as  to  conform  to  the  grade  so 
established  on  said  streets. 

Sec.  9.  Rights  reserved. — The  right  to  tear  up  the  tracks 
for  the  purpose  of  improving  or  repairing  streets,  building  or 
repairing  sewers,  laying  gas  or  water  pipes,  or  repairing  the  same, 
or  making  any  improvements,  or  doing  any  work  which  neces- 
sitates the  tearing  up  of  tracks  or  poles  or  displacement  of  the 
wires  of  the  said  company,  is  reserved  to  the  said  city,  and  may 
be  exercised  by  it  after  a reasonable  notice  to  the  said  company,, 
and  the  company  shall,  at  its  own  cost,  replace  the  said  track, 
wires  and  poles. 

Sec.  10.  Tracks  — regulations. — Any  tracks  now  or  here- 
after laid  shall  be  of  the  local  standard  gauge  of  five  feet  two  and 
one-half  inches,  and  of  the  most  approved  girder  rail  pattern. 
Said  track  or  tracks  when  so  laid  shall  be  so  laid  and  maintained, 
under  the  supervision  of  the  City  Engineer,  as  to  offer  the  least 
impediment  to  public  travel.  Where  tracks  cross  gutters,  suitable 
iron  gutter-plates  shall  be  placed  and  maintained  by  the  said  com- 
pany the  entire  width  of  the  street,  so  as  to  permit  of  the  flow 
of  water  under  them. 

Sec.  11.  Bond. — The  South  Covington  and  Cincinnati  Street 
Railway  Company  shall  bind  itself  in  a bond  with  securities,  sat- 


Special  Ordinances. 


429 


Street  Railways — South  Cov.  and  Cin.  Street  Railway  Company. 


isfactory  to  the  Mayor  and  Board  of  Councilmen  of  the  said  City 
of  Newport,  in  the  penal  sum  of  ten  thousand  ($10,000.00)  dol- 
lars, to  pay  any  and  all  damages  to  persons  or  property,  or  both, 
which  the  City  of  Newport  may  suffer  or  be  liable  for  by  reason 
of  this  ordinance ; and  such  bond  shall  be  for  the  faithful  per- 
formance of  the  stipulations  of  this  ordinance.  Said  bond  shall 
be  kept  and  maintained  by  said  company,  with  good  and  solvent 
sureties,  in  said  sum. 

Sec.  12.  Time  limit. — The  South  Covington  and  Cincin- 
nati Street  Railway  Company  shall  in  good  faith  begin  the  con- 
struction of  said  railway  on  or  before  the  first  day  of  October, 
1892,  and  it  shall  have  the  same  completed  and  in  daily  use  for 
the  carrying  of  passengers  on  or  before  the  first  day  of  October, 
1893 ; and  in  case  the  said  work  shall  not  be  begun  and  completed 
at  times  mentioned,  then,  and  in  either  case,  said  company  agrees 
that  all  rights,  privileges  and  powers  conferred  by  this  ordinance 
may  be  declared  null  and  of  no  effect.  The  time  during  which 
the  said  company  is  prevented  from  the  prosecution  of  said  work 
or  the  operation  of  said  railway  by  injunction  or  other  legal  pro- 
ceedings, or  unavoidable  occurrences,  shall  not  be  estimated  in 
the  time  for  the  completion  of  the  said  work  or  operation  of  said 
railway. 

Sec.  13.  Acceptance. — The  said  company  shall  accept  the 
provisions  of  this  ordinance  in  writing  within  sixty  days  from  and 
after  its  passage,  and  when  so  accepted  in  writing  it  shall  consti- 
tute and  be  a contract  between 'the  City  of  Newport,  Ky.,  and 
the  South  Covington  and  Cincinnati  Street  Railway  Company  and 
its  assigns. 

Sec.  14.  Location. — The  power-house  of  said  company 
shall  be  located  within  the  corporate  limits  of  the  City  of  Newport. 

Sec.  15.  When  to  take  eeeect. — This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  approval. 

(Acceptance  of  date  June  30,  1892;  received  July  14 , 1892.) 


430 


Special  Ordinances. 


Street  Railways — South  Cov.  and  Cin.  Street  Railway  Company. 


An  Ordinance  granting  to  the  South  Covington  and  Cincinnati  Street  Rail- 
way Company,  its  successors  and  assigns,  the  right  to  lay  and  operate 
an  electrical  street  railway  track,  with  all  the  necessary  electrical  appli- 
ances to  operate  the  same,  on,  over  and  along  the  center  of  Brighton 
street,  from  Eleventh  street  to  Twelfth  street,  in  the  City  of  Newport, 
with  connections  thereto.  (Approved  April  27,  1899.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Nezvport,  Ky. 

Section  1.  Right  oe  way. — There  is  hereby  granted  to  the 
South  Covington  and  Cincinnati  Street  Railway  Company,  its  suc- 
cessors and  assigns,  the  right  to  construct,  operate  and  maintain 
a street  railway  track  on  Brighton  street,  extending  from  Eleventh 
street  to  Twelfth  street,  and  to  connect  the  said  track  so  laid  on 
Brighton  street  by  curves  running  east  and  west  with  the  tracks 
of  said  railway  on  Eleventh  street ; and  further,  to  connect  said 
tracks  on  Brighton  street  by  three  or  more  turnouts  with  the 
tracks  to  be  laid  in  the  car  house,  to  be  constructed  by  the  South 
Covington  and  Cincinnati  Street  Railway  Company,  on  the  corner 
of  Eleventh  and  Brighton  streets,  in  the  City  of  Newport.  And 
the  said  company  is  further  granted  the  right  to  lay  suitable 
tracks  across  Lowell  street  to  connect  its  car  house  with  its 
machine  shops. 

Sec.  2.  Further  privileges. — There  is  hereby  further 
granted  to  the  South  Covington  and  Cincinnati  Street  Railway 
Company,  its  successors  and  assigns,  the  right  to  construct,  main- 
tain and  operate  the  necessary  electrical  appliances  on,  over  and 
along  Brighton  street,  which  may  be  or  become  necessary  to 
operate  said  track  and  the  curves  connecting  therewith. 

Sec.  3.  Rights  reserved. — The  right  to  tear  up  the  tracks, 
switches,  turnouts,  etc.,  for  the  purpose  of  improving  or  repair- 
ing the  said  Brighton  street,  building  or  repairing  sewers,  laying 
gas  or  water  pipes,  or  repairing  the  same,  or  making  any  improve  - 
rnents,  or  doing  any  work  which  necessitates  the  tearing  up  of  the 
tracks,  etc.,  or  poles  or  displacement  of  the  wires,  is  reserved  to 
the  city  after  due  notice  to  the  company,  and  the  said  companv 
shall,  at  its  own  proper  cost,  replace  the  same. 


Special  Ordinances. 


43i 


Street  Railways — South  Cov.  and  Cin.  Street  Railway  Company. 


Sec.  4.  Tracks,  etc. — regulations. — The  tracks,  switches, 
turnouts,  etc.,  laid  under  this  ordinance  shall  be  of  the  local  stand- 
ard gauge  of  five  feet  and  two  and  one-half  inches,  and  of  the 
most  approved  girder  rail  pattern.  Said  tracks,  etc.,  when  so  laid, 
shall  be  so  laid  and  maintained  under  the  supervision  of  the  City 
Engineer  as  to  offer  the  least  impediment  to  public  travel.  Said 
company  shall  restore  said  street  used  by  it  to  as  good  condition 
as  it  was  before  the  opening  of  same  for  the  laying  of  its  said 
tracks,  etc.,  and  shall  thereafter  continuously  maintain  and  keep 
in  good  repair  and  condition,  to  the  satisfaction  of  the  City  Engi- 
neer and  Superintendent  of  Public  Works,  that  portion  of  said 
Brighton  street  between  said  tracks,  switches,  turnouts,  etc.,  and 
one  foot  on  either  side  of  same,  and  further,  pave  with  granite, 
limestone,  or  other  suitable  paving  material,  all  angles  caused  by 
turnouts,  switches,  etc.,  from  main  track. 

Sec.  5.  Poles  — regulations. — The  poles  erected  by  the 
said  company  shall  be  of  iron,  to  be  approved  by  the  City  Engi- 
neer, of  smooth  surface,  and  painted  two  coats  of  paint,  and  shall 
be  kept  clean,  and  maintenance  of  them  and  the  wires  and  append- 
ages shall  conform  in  so  far  as  applicable  to  the  rules  and  regula- 
tions now  in  force  as  to  said  company’s  present  railway  system 
in  said  city. 

Sec.  6.  Supervision. — The  construction  of  the  said  tracks, 
switches,  turnouts,  etc.,  shall  be  under  the  supervision  and  direc- 
tion of  the  City  Engineer. 

Sec.  7.  Change  of  grade. — Should  the  city  improve  the 
said  street  in  any  way  which  in  the  judgment  of  the  city  authori- 
ties requires  a change  in  the  grade  of  the  said  tracks,  etc.,  then 
the  said  company  or  its  assigns  shall,  at  its  own  cost,  change  the 
grade  of  the  said  tracks,  etc.,  so  as  to  conform  to  the  grade  so 
established  on  said  street. 

Sec.  8.  Bond. — The  South  Covington  and  Cincinnati  Street 
Railway  Company  shall  bind  itself  in  a bond,  with  sureties  satis- 
factory to  the  General  Council  of  said  city,  in  the  penal  sum  of 
$2,000,  to  pay  any  and  all  damages  to  persons  or  property,  or 


432 


Special  Ordinances. 


Telegraph  and  Telephone — F.  R.  Phillips  Grant. 


both,  which  the  City  of  Newport  may  suffer  or  be  liable  for  by 
reason  of  this  ordinance ; and  such  bond  shall  be  for  the  faithful 
performance  of  the  stipulations  of  this  ordinance.  Said  bond  shall 
be  kept  and  maintained  by  said  company,  with  good  and  solvent 
sureties,  in  said  sum. 

Sec.  9.  Acceptance  in  writing. — This  ordinance  shall  be 
accepted  in  writing  by  the  said  the  South  Covington  and  Cincin- 
nati Street  Railway  Company  within  twenty  days  after  its  passage 
and  approval,  and  when  so  accepted  in  writing  shall  constitute  a 
contract  between  the  City  of  Newport,  Ky.,  and  the  South  Cov- 
ington and  Cincinnati  Street  Railway  Company  and  its  successors 
and  assigns. 

Sec.  10.  Obstruction  OE  street  prohibited. — It  is  a fur- 
ther condition  of  this  grant  that  the  said  South  Covington  and 
Cincinnati  Street  Railway  Company  shall  not  suffer  or  permit 
its  cars  to  stand  or  remain  upon  said  part  of  Brighton  street,  and 
any  such  obstruction  of  same  is  hereby  prohibited. 

Sec.  11.  When  to  take  EEEECT. — This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  approval. 

(Accepted  by  South  Covington  and  Cincinnati  Street  Railway 
Company  May  5,  1899  ; bond  approved  May  25,  1899.) 


TELEGRAPH  AND  TELEPHONE. 

An  Ordinance  granting  to  F.  R.  Phillips,  of  Newport,  the  right  to  erect  a 
plant  in  said  city  for  the  purpose  of  telegraphing,  telephoning,  and  such 
purposes  as  telegraphy  and  telephoning  are  used  for.  (Passed  July  17, 
1890.) 

Be  it  ordained  by  the  Mayor  and  Board  of  Councilmen  of  the  City 
of  Newport,  Ky. 

Section  1.  Grant. — That  F.  R.  Phillips,  his  associates,  suc- 
cessors, administrators  and  assigns,  is  hereby  authorized  ancf 
empowered  to  use  the  streets  and  public  ways  of  the  City  of  New- 


Special  Ordinances. 


433 


Telegraph  and  Telephone — F.  R.  Phillips  Grant. 


port,  and  is  hereby  vested  will  full  privilege  for  such  use  for  the 
purpose  of  erecting,  maintaining  and  operating  pole  lines  and 
stretching  wires  for  the  purpose  of  transmitting  messages,  fire 
and  police  alarms  by  telegraphy  and  telephoning,  and  said  F.  R. 
Phillips  shall  not  permit  any  other  person  or  company,  unless  with 
the  consent  of  the  Board  of  Councilmen. 

Sec.  2.  Obstruction  oe  streets  prohibited  — wires  — 
how  stretched. — The  said  F.  R.  Phillips,  his  successors,  assigns 
or  administrators,  in  the  construction  of  said  plant,  or  in  erecting 
his  poles,  or  stretching  his  wires  for  said  purpose,  shall  not  inter- 
fere or  obstruct  the  passage  of  any  street  or  other  public  way  in 
said  city,  and  in  crossing  same  shall  erect  his  wires  at  such  alti- 
tude as  may  be  prescribed  by  the  Board  of  Councilmen,  no  wires 
to  be  placed  at  a less  altitude  than  thirty-five  feet  from  the  surface 
of  the  ground. 

Sec.  3.  Streets  to  be  repaired. — That  said  F.  R.  Phillips, 
in  opening  or  changing  the  condition  of  any  of  said  streets  or 
public  ways,  shall,  within  three  days  thereafter,  replace  same,  and 
in  as  good  condition  as  when  disturbed,  and  for  violation  of  same 
shall  be  subject  to  same  fine  and  proceedings  as  are  prescribed  by 
an  ordinance  entitled  “An  ordinance  protecting  the  streets,  side- 
walks and  public  ways  of  the  City  of  Newport,”  passed  Septem- 
ber 1,  1887. 

Sec.  4.  Privileges. — The  privileges  hereby  granted  shall 
entitle  said  Phillips,  his  successors,  assigns  and  administrators,  to 
transmit  messages  by  telegraph  and  telephone,  fire  and  police 
alarms,  to  the  and  between  the  citizens  of  Newport. 

Sec.  5.  Plant  to  be  kept  in  city. — It  shall  be  the  duty  of 
said  Phillips,  his  successors,  assigns  and  administrators,  to  con- 
tinually maintain  said  plant  in  the  City  of  Newport,  and  upon 
failure  to  so  maintain  the  same,  the  rights  hereby  granted  shall 
be  forfeited. 

Sec.  6.  Poles  — regulations. — The  poles  and  wires  used 
shall  be  of  the  best  and  most  approved  quality. 

Sec.  7.  Grant  not  exclusive. — The  grant  of  rights  hereby 
conferred  is  not  to  be  in  manner  exclusive,  but  the  city 

(28N) 


reserves 


434 


Special  Ordinances. 


Telegraph  and  Telephone — F.  R.  Phillips  Grant. 


the  free  and  full  liberty  to  confer  such  rights  on  any  other 
company,  person  or  corporation. 

Sec.  8.  Commencement  oe  work. — Work  shall  be  com- 
menced under  this  ordinance  within  sixty  days  from  passage 
thereof,  and  same  shall  be  completed  within  six  months  from 
passage  of  same,  otherwise  this  ordinance  shall  be  null  and  void. 

Sec.  9.  City  heed  harmless  — bond. — The  City  of  New- 
port shall  in  no  event  be  liable  for  loss,  damage  or  expense  to 
person  or  property  which  may  arise  out  of  the  construction,  oper- 
ation, maintenance  of  the  plant  and  works  herein  contemplated, 
or  for  their  stoppage  or  discontinuance ; but  for  all  such  loss, 
damage  or  expense  the  said  Phillips,  his  successors,  assigns  or 
administrators,  shall  alone  be  responsible ; and  before  any  grants 
herein  conferred  shall  become  operative,  the  said  Phillips  shall 
execute  bond  to  the  city  conditioned  to  hold  the  city  secure  and 
harmless  from  all  and  every  character  of  damage,  loss  and  expense 
which  may  accrue  to  it  from  the  acts  or  omissions  of  said  Phillips, 
his  successors,  assigns  or  administrators,  in  and  about  said  busi- 
ness ; and  should  there  be  any  failure  to  conform  to  and  abide  bv 
the  requirements  of  this  section,  then,  and  in  that  event,  the  Board 
of  Councilmen  may,  upon  ten  days’  notice,  repeal  this  ordinance 
and  declare  all  rights  under  it  forfeited. 

Sec.  10.  When  to  take  EEEect. — This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage,  and  when  the 
bond  required  in  Section  9 shall  have  been  executed  and  shall 
have  been  accepted  by  the  Board  of  Councilmen. 

Sec.  11.  Poles  — right  oe  other  companies  to  use. — 
The  right  to  use  the  poles  of  this  plant  is  reserved  to  any  sub- 
sequent company  or  corporation  that  may  be  granted  the  same 
rights  and  privileges  hereby  conferred  upon  F.  R.  Phillips,  but 
the  subsequent  company  will  be  required  to  pay  a pro  rata  cost 
of  same. 

Sec.  1 2.  Fire  use  — reserving. — The  fire  use  of  the  call 
boxes  and  messenger  boxes  is  hereby  reserved  to  and  conferred 
upon  the  City  of  Newport  in  all  public  houses  and  places  for  fire 
purposes  and  police  protection. 


Special  Ordinances. 


435 


Telegraph — Postal  Telegraph  Cable  Company. 


An  Ordinance  granting  to  the  Postal  Telegraph  Cable  Company  the  right 
and  privilege  of  erecting  poles  and  stretching  wires  through  the  streets 
and  alleys  of  the  City  of  Newport,  Ky.*  (Approved  December  18,  1895.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Nezvport,  Ky. 

Section  1.  Grant. — That  the  right  and  privilege  of  erect- 
ing poles  and  stretching  wires  in  and  over  the  streets  and  alleys 
of  the  City  of  Newport,  Ky.,  necessary  to  the  establishment,  oper- 
ation and  maintenance  of  a telegraph  system  connecting  said  city 
with  other  towns  and  cities,  is  hereby  granted  to  the  Postal  Tele- 
graph Cable  Company  and  its  successors,  subject  to  the  limitations 
and  restrictions  hereinafter  set  out  and  provided. 

Sec.  2.  Statement  to  be  burnished. — The  said  Postal 
Telegraph  Cable  Company  shall  furnish  the  Mayor  and  Super- 
intendent of  Public  Works  with  a statement,  in  writing,  of  the 
streets,  alleys  and  parts  thereof  through  which  they  desire  to 
erect  their  poles  and  over  which  they  propose  to  stretch  their 
wires  in  establishing  their  system  in  the  City  of  Newport ; but 
said  streets  and  alleys  shall  not  be  used  for  said  purpose  until 
the  said  Mayor  and  Superintendent  of  Public  Works  consent 
thereto,  and  if  they  so  consent,  the  location  of  the  poles,  the  height 
of  the  same,  and  all  reasonable  regulations  of  the  same,  shall  be 
subject  to  the  approval  of  the  Superintendent  of  Public  Works; 
and  when  the  said  system  has  been  located  and  put  in  operation, 
no  additional  street  or  alley  shall  be  occupied  without  permission 
of  the  General  Council,  Mayor  and  Superintendent  of  Public 
Works,  in  like  manner  as  the  privilege  herein  granted  has  been 
given ; and  said  company  shall  erect  no  additional  poles,  or  change 
the  location  of  any  poles  when  erected,  without  the  consent  and 
under  the  supervision  of  the  Superintendent  of  Public  Works. 


* Note;. — In  Postal  Telegraph  Co.  vs.  City  of  Newport,  25  R.  635, 
this  ordinance  was  held  valid,  and  it  was  held  that,  although  the  ordinance 
was  not  accepted  in  writing,  the  company’s  acts  in  proceeding  to  erect  poles, 
etc.,  shortly  after  the  passage  of  the  ordinance  constituted  an  acceptance  of 
the  same. 


436 


Special  Ordinances. 


Telegraph — Postal  Telegraph  Cable  Company. 


Sec.  3.  Combination  prohibited  — forfeiture. — Should 
the  said  Postal  Telegraph  Cable  Company,  or  any  successor  of 
said  company,  lease,  rent  or  consolidate  so  much  of  said  system 
as  is  located  in  the  City  of  Newport  with  any  other  corporation, 
person,  or  association  of  persons  engaged  in  the  same  or  like  busi- 
ness, or  shall  enter  into  any  combination,  trust  or  arrangement 
with  any  other  corporation,  person  or  association  of  persons 
engaged  in  like  business,  with  reference  to  said  business,  or  the 
rates  to  be- charged  for  services  performed  by  said  company,  then 
all  the  rights  and  privileges  granted  to  or  conferred  upon  the 
Postal  Telegraph  Cable  Company,  or  any  one  holding  under  said 
company,  shall  cease  and  become  absolutely  null  and  void,  and 
all  poles,  wires  or  other  property  located  in  the  streets  or  alleys^ 
in  pursuance  of  this  or  any  other  ordinance,  shall  at  once  be 
removed  by  the  owner  or  lessee  of  the  same. 

Sec.  4.  Office  to  be  kept  in  Newport. — Said  company 
shall  keep  and  maintain  an  office  in  the  City  of  Newport  for  the 
receiving  and  transmitting  of  messages,  and  it  shall  charge  for 
sending  said  messages  no  greater  rate  than  that  charged  by  the 
Western  Union  Telegraph  Company  for  similar  services  under 
like  conditions. 

Sec.  5.  Acceptance. — Should  the  said  Postal  Telegraph 
Cable  Company  fail,  within  thirty  (30)  days  after  the  approval 
of  this  ordinance,  to  signify  to  the  General  Council  of  the  City 
of  Newport  their  acceptance  of  the  rights  and  privileges  granted 
by  this  ordinance,  subject  to  the  limitations  herein  set  out,  then 
all  of  the  rights  and  privileges  herein  granted  shall  become  null 
and  void  and  of  no  effect. 

Said  company  shall  accept  the  same  in  writing.  Said  accept- 
ance shall  be  entered  upon  the  journal  of  both  Boards  of  said 
General  Council,  and  copied  upon  the  ordinance  book  of  the 
City  of  Newport,  immediately  following  said  ordinance  when 
recorded. 

Sec.  6.  Rights  reserved. — Nothing  in  this  ordinance  shall 
be  construed  as  a forfeiture  or  waiver  by  the  City  of  Newport  of 


Special  Ordinances. 


437 


Tax  Exemptions — Alhambra  Tile  Company. 


any  of  its  rights  or  privileges  to  require  telegraph  or  telephone 
wires  to  be  placed  under  ground,  or  to  make  any  proper  or  nec- 
essary regulations  of  poles  and  wires  in  the  streets  and  alleys  of 
the  city,  nor  shall  anything  in  this  ordinance  be  construed  as 
granting  a franchise  to  the  said  Postal  Telegraph  Cable  Company. 

Sec.  7.  License  tax. — The  said  Postal  Telegraph  Cable 
Company  shall  pay  to  the  City  of  Newport  a special  license  tax 
of  one  hundred  ($100)  dollars  per  annum. 

Sec.  8.  When  to  take  effect. — This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  approval,  and 
publication  as  required  by  law. 


TAX  EXEMPTIONS. 

An  Ordinance  exempting  certain  property  of  the  Alhambra  Tile  Company, 
a corporation,  from  taxation  for  a period  of  five  years  from  January  1, 
1902,  as  an  inducement  to  the  location  of  said  plant  in  the  City  of 
Newport.  (Approved  December  6,  1901.) 

Be  it  ordained  by  the  General  Council  of  Newport , Ky. 

Section  1.  Property  — term. — That  the  manufacturing 
plant  of  the  Alhambra  Tile  Company,  consisting  of  Lots  469, 
472  and  473,  East  Row  Addition,  City  of  Newport,  Ky.,  and 
all  improvements,  fixtures  and  machinery  now  or  to  be  placed 
thereon,  be,  and  the  same  is  hereby  exempted  from  municipal  tax- 
ation by  the  City  of  Newport,  Ky.,  except  sewer  taxation,  street 
and  special  assessments,  for  a period  of  five  years,  commencing 
January  1,  1902;  provided , that  said  property  shall  be  used  for  the 
purpose  of  manufacturing  tiling,  and  when  ceased  to  be  used  for 
said  purpose  shall  be  subject  to  municipal  taxation. 

Sec.  2.  Newport  labor. — In  further  consideration  of  the 
exemption  herein,  the  Alhambra  Tile  Company  shall,  as  far  as 
practicable,  give  preference  to  Newport  labor  in  and  at  its  said 
establishment. 


438 


Special  Ordinances. 


Tax  Exemptions — W.  J.  Baker  Company. 


Sec.  3.  When  to  take  eeeect. — This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  approval. 


An  Ordinance  exempting  the  W.  J.  Baker  Company  from  municipal  tax- 
ation for  a period  of  five  years  as  an  inducement  to  the  said  W.  J. 
Baker  Company  to  locate  in  the  City  of  Newport,  Ky.  (Approved 
June  2,  1904.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

Section  1.  Term. — That  the  manufacturing  establishment 
known  as  the  W.  J.  Baker  Company,  of  Cincinnati,  Ohio,  consist- 
ing of  lot  and  buildings  thereon,  situated  at  the  southeast  corner 
of  Forest  and  Saratoga  streets,  in  the  City  of  Newport,  and  the 
machinery  and  other  fixtures  therein  and  thereon  used  in  manu- 
facturing metallic  specialties ; and  the  supplies  and  manufactured 
stock  therein,  all  of  which  is  to  be  used  for  the  purpose  aforesaid, 
be,  and  the  same  is  hereby  exempted  from  taxation  by  the  City 
of  Newport  (except  sewer  tax  and  street  and  special  assessments; 
for  a period  of  five  years  from  and  after  the  location  of  said  man- 
ufacturing establishment  in  the  City  of  Newport,  as  aforesaid, 
when  said  company  shall  commence  the  manufacture  of  metallic 
specialties. 

Sec.  2.  Number  oe  persons  to  be  employed. — That  in 
further  consideration  of  said  exemption,  said  company  agrees  to 
employ  not  less  than  twenty  persons  in  its  establishment. 

Sec.  3.  Property. — That  the  premises  to  be  exempt  from 
taxation  as  aforesaid  are  bounded  and  described  as  follows,  to-wit : 
Beginning  at  a point  at  the  southeast  corner  of  Forest  and  Sar- 
atoga streets,  in  the  City  of  Newport,  in  Campbell  County,  in  the 
State  of  Kentucky,  running  thence  south  twenty-five  (25)  feet, 
thence  east  at  right  angles  one  hundred  ( 100)  feet,  thence  at  right 
angles  twenty-five  (25)  feet,  thence  with  the  line  of  Forest  street 
one  hundred  (100)  feet  to  the  point  of  beginning;  provided,  how- 


Special  Ordinances. 


439 


Tax  Exemptions — Donaldson  Lithographing  Company. 


ever,  that  when  said  property  ceases  to  be  used  for  the  purpose 
aforesaid  and  as  aforesaid,  the  same  shall  thereby  and  thereupon 
become  and  be  assessable  and  assessed  and  taxed  by  the  City  of 
Newport. 

Sec.  4.  When  to  take  EEEect. — That  this  ordinance  shall 
be  in  force  and  take  effect  from  and  after  its  passage  and  approval. 


An  Ordinance  exempting  certain  property  of  the  Donaldson  Lithographing 
Company  from  taxation  for  a period  of  five  years.  (Approved  Septem- 
ber 6,  1901.) 

Whereas,  The  Donaldson  Lithographing  Company  contem- 
plates the  establishment  and  operation  of  an  additional  lithograph 
manufacturing  establishment ; therefore,  as  an  inducement  to  the 
location  of  the  same  in  the  City  of  Newport,  Ky., 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

Section  1.  Property  — terms. — That  the  said  contemplated 
manufacturing  establishment  of  the  said  Donaldson  Lithographing 
Company,  consisting  of  the  north  fifty  feet  of  Lot  2 in  James 
Taylor’s  East  Row  Addition  to  the  City  of  Newport,  Ky.,  the 
buildings  to  be  erected  thereon,  and  the  machinery,  fixtures,  litho- 
graphing materials  and  supplies  and  manufactured  stock  to  be 
placed  therein  and  thereon,  all  of  which  are  to  be  used  for  said 
purpose  of  lithograph  manufacturing,  be,  and  the  same  is  hereby 
made  exempt  from  taxation  by  the  City  of  Newport,  Ky.,  (except 
sewer  taxation,  street  or  special  assessment,)  for  a period  of  five 
years,  commencing  January  1,  1902;  provided,  that  said  company 
shall  by  that  time  have  occupied  said  premises  and  commenced  to 
use  same  for  said  purposes  aforesaid ; provided,  further,  that  said 
property  shall  be  subject  to  full  taxation  by  said  city  when  the 
same  shall  cease  to  be  used  for  said  purposes. 

Sec.  2.  Home  labor. — In  further  consideration  of  the  ex- 


440 


Special  Ordinances. 


Tax  Exemptions — Newport  Rolling  Mill  Company. 


emptions  herein,  the  said  company  shall  give  preference  to  New- 
port labor  at  and  in  its  said  establishment. 

Sec.  3.  When  to  take  eeeect. — This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  approval. 


An  Ordinance  exempting  certain  property  of  the  Newport  Rolling  Mill 
Company  from  taxation  for  five  years  from  January  1,  1902.  (Approved 
March  20,  1901.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport , Ky. 

Section  1.  Property  — term. — That  all  the  personal  prop- 
erty of  the  Newport  Rolling  Mill  Company,  such  as  machinery, 
boilers,  engines,  necessary  for  sheet  mill  and  warehouses  and 
factory  buildings,  and  machinery  in  factory,  and  which  is  used 
exclusively  for  rolling  mill  and  corrugating  purposes  in  its  new 
and  extended  plant,  upon  the  following  described  real  estate  in 
the  City  of  Newport,  'Ky.,  “ beginning  at  a point  on  the  west 
side  of  Lowell  street,  one  hundred  feet  south  of  the  south  line 
of  Powell  street ; thence  north  with  the  west  line  of  Lowell 
street  two  hundred  feet ; thence  at  right  angles  westwardly  and 
parallel  with  Powell  street,  extended  to  the  Licking  river ; 
thence  southwardly  with  said  river  two  hundred  feet,  more  or 
less ; thence  eastwardly  on  a line  at  right  angles  to  Lowell  street 
to  place  of  beginning.  Also,  beginning  at  a point  on  the  north- 
west corner  of  Tenth  and  Lowell  streets ; thence  with  west  line 
of  Lowell  street  northwardly  three  hundred  and  five  feet  to  a 
point ; thence  from  these  two  points  between  parallel  lines  to  the 
Licking  river/’  be  exempt  from  city  taxation  for  the  period  of  five 
years  from  January  1,  1902;  provided,  that  there  shall  be  built 
upon  said  real  property  a new  and  distinct  rolling  mill ; and  pro- 
viding further,  that  said  property  be  used  exclusively  for  rolling- 
mill,  and  manufacturing  of  products  of  same,  purposes ; and  pro- 
viding further,  that  when  said  real  estate  shall  cease  to  be  so  used, 


Special  Ordinances. 


44 1 


Tax  Exemptions — Frank  Unnewehr  & Co. 


then  said  personal  property  shall  be  immediately  subject  again  to 
municipal  taxes  of  all  kinds. 

Sec.  2.  Home  labor. — The  exemption  from  taxation  herein 
provided  for  shall  be,  as  a further  consideration  therefor,  that 
the  said  Newport  Rolling  Mill  Company,  or  their  successors  or 
assigns,  shall  at  all  times  give  preference  to  Newport  labor  at  and 
in  said  rolling  mill  and  plant  to  be  constructed  and  erected. 

Sec.  3.  When  to  take  EEEECT. — This  ordinance  shall  take 
effect  from  and  after  its  passage  and  approval 


An  Ordinance  exempting  Frank  Unnewehr  & Co.,  its  successors  and 
assigns,  from  taxation  for  five  years.  (Approved  November  26,  1900.) 

Be  it  ordained  by  the  Board  of  General  Council  of  Newport,  Ky. 

Section  1.  Property  — term. — That  whereas  Frank  Unne- 
wehr & Co.  have  indicated  their  purpose  of  starting  a manufac- 
turing establishment  in  this  city  (sawmill  and  cigar-box  lumber 
manufactory)  if  the  City  of  Newport  will  grant  them  immunity 
from  taxation  for  a period  of  five  years  from  the  first  of  January, 
1901,  in  consideration  of  tfie  said  Frank  Unnewehr  & Co.,  their 
successors  or  assigns,  so  establishing  and  operating  in  the  City 
of  Newport  such  manufacturing  establishment,  the  said  Frank 
Unnewehr  & Co.,  its  successors  or  assigns,  be.  and  are  hereby 
exempted  from  all  taxation,  save  street  and  sewer  assessments, 
upon  all  their  property,  real  and  personal,  and  tangible  and  intan- 
gible, pertaining  to  the  said  manufacturing  business,  as  long  as 
they  may  operate  same  during  said  period  of  five  years. 

Sec.  2.  Home  labor.— The  said  Frank  Unnewehr  & Co.,  as 
a further  consideration  of  exemption  herein  agree  to  employ 
Newport  labor  as  far  as  possible  in  their  said  manufacturing 
establishment. 

Sec.  3.  When  to  take  eeeect. — This  ordinance  shall  take 
effect  from  and  after  its  passage  and  approval  by  the  Mayor. 


442 


Special  Ordinances. 


Tax  Exemptions — George  Wiedemann  Brewing  Company. 


Be  it  resolved  by  the  General  Council  of  the  City  of  Newport,  Ky. 

(Approved  November  26,  1900.) 

Further  exemption  — consideration  — property — term. 
— That  in  consideration  of  the  Newport  Mill  Company  dismiss- 
ing its  action,  now  pending  in  the  Campbell  Circuit  Court  against 
the  City  of  Newport,  No.  12,833,  and  acknowledging  full  satis- 
faction of  all  claims  against  the  City  of  Newport  arising  out  of 
the  matters  over  which  and  on  which  said  action  is  founded,  and 
Frank  Unnewehr  & Co.,  for  itself,  its  successors  and  assigns, 
agreeing  to  hold  the  City  of  Newport  harmless  from  any  and  ail 
actions  for  damage  on  account  of  loss  to  them  by  fire  in  the  future 
because  of  any  failure  on  the  part  of  the  Fire  Department  or 
water-works  system  of  the  City  of  Newport,  the  said  City  of 
Newport  will  pay  to  the  said  Frank  Unnewehr  & Co.,  its  suc- 
cessors or  assigns,  a sum  of  money  equal  to  all  taxes,  save  sewer 
and  street  assessments,  that  may  in  each  of  the  years  1906  to  1911, 
both  inclusive,  become  due  and  owing  to  the  City  of  Newport  by 
the  said  Frank  Unnewehr  & Co.,  its  successors  and  assigns,  upon 
all  their  property,  real  and  personal,  tangible  and  intangible,  per- 
taining to  the  manufacturing  business  of  operating  a sawmill  or 
cigar-box  factory,  which  said  Frank  Unnewehr  & Co.,  its  suc- 
cessors and  assigns,  may  then  conduct  in  the  City  of  Newport, 
payable  at  the  same  time  and  in  the  same  amounts  that  said  taxes 
will  be  payable. 

The  acceptance  of  this  resolution  in  writing  by  said  Frank 
Unnewehr  & Co.  shall  make  it  a contract  between  the  said  parties. 

(Accepted  November  26,  1900.) 


An  Ordinance  exempting  certain  property  of  The  George  Wiedemann 
Brewing  Company  from  taxation  for  five  years  from  January  1,  1902. 
(Approved  September  21,  1901.) 

Be  it  ordained  by  the  General  Council  of  the  City  of  Newport,  Ky. 

Section  1.  Property  — term. — Whereas,  The  Wiedemann 
Brewing  Company  contemplates  the  erection  of  an  ice  factory  and 


Special  Ordinances. 


443 


Turnpikes — Campbell  Turnpike  Road  Company  Contract. 


cold-storage  plant  upon  certain  property  in  Mayo’s  Orchard  Sub- 
division in  the  City  of  Newport,  said  property  fronting  two  hun- 
dred and  twenty  feet  on  the  west  side  of  Putnam  street,  between 
Sixth  and  Seventh,  and  extending  back  fifty  feet  in  depth. 

That,  as  an  inducement  to  the  location  of  said  factory  and 
plant,  said  property  and  the  improvements  to  be  erected  thereon, 
including  machinery,  fixtures,  and  all  apparatus  placed  thereon, 
be  exempt  from  municipal  taxation  of  every  kind,  except  street, 
sewer  and  special  assessments,  for  a period  of  five  years  from 
January  i,  1902  ; provided,  that  said  property  shall  be  used  for  the 
purpose  of  the  manufacture  of  ice  and  for  cold-storage ; and  pro- 
vided, further,  that  if  said  real  estate  and  improvements  thereon 
shall  cease  to  be  so  used,  all  of  said  property  shall  be  immediately 
subject  to  taxation  for  municipal  taxes  of  all  kinds. 

Sec.  2.  Home  labor. — The  said  George  Wiedemann  Brew- 
ing Company  shall,  as  a further  consideration  for  the  exemption 
herein  provided,  at  all  times  give  preference  to  Newport  labor  in 
the  operation  of  said  factory  and  plant. 

Sec.  3.  When  to  take  eeeect. — This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  approval. 


TURNPIKES.” 

Resolution.  The  contract  between  the  City  of  Newport  and  the  Campbell 
Turnpike  Road  Company.*  (Adopted  October  29,  1863.) 

Resolved,  That  the  terms  agreed  on  between  the  committee 
of  this  Board  and  the  Board  of  the  Campbell  Turnpike  Road 
Company,  transferring  so  much,  to  the  said  city,  of  said  road  as 
lies  between  Ringgold  street  and  the  intersection  of  the  said  road 
with  the  southerly  boundary  of  said  city,  be  now  ratified  and  con- 
firmed, and  that  the  President  of  this  Board  and  the  City  Clerk 


* See  Note  8,  page  174,  for  reference  to  special  act,  in  pursuance  of 
which  this  contract  was  made. 


444 


Special  Ordinances. 


Turnpikes — Campbell  Turnpike  Road  Company  Contract. 


execute  the  contract  on  behalf  of  the  city;  and  that  duplicate 
copies  be  made  and  executed  of  the  agreement. 

Resolved , That  this  report  and  these  resolutions  be  spread 
upon  the  minutes  or  records  of  this  Council 

Whereupon  the  said  agreement  or  contract  was  read,  as 
follows : • 

This  agreement  between  the  Campbell  Turnpike  Road  Com- 
pany, of  the  one  part,  and  the  City  of  Newport,  of  the  other  part, 

WITNESSETH  — 

That  the  said  turnpike  company,  in  consideration  of  the  cove- 
nants hereinafter  stipulated,  hereby  bargains,  grants  and  trans- 
fers to  the  City  of  Newport  that  portion  of  their  turnpike  road, 
commencing  at  the  intersection  of  the  southern  line  or  boundary 
of  said  city  with  said  road  near  Constance’s  Brewery,  with  full 
powers  in  said  city  to  change,  alter  or  establish  any  grade  thereon 
they  may  deem  proper ; and  to  improve  or  repair  the  same  at  any 
time  by  graveling,  macadamizing,  paving  and  bouldering,  or 
otherwise,  and  to  treat  and  hold  said  part  of  said  road  as  any 
other  street  in  the  city,  both  as  to  the  center  and  sidewalks  thereof. 

And  in  consideration  of  the  above,  the  said  City  of  Newport 
hereby  undertakes  and  binds  herself  to  keep  the  said  part  of  said 
road  mentioned  at  all  times  in  as  good  condition  and  repair  as 
required  by  law  of  said  company,  and  agrees  to  be  responsible  to 
and  to  indemnify  said  company  against  all  loss  and  damage  that 
may  accrue  to  said  turnpike  company  by  reason  of  any  neglect  or 
failure  on  the  part  of  said  city  to  keep  said  part  of  said  road  in 
proper  repair  as  a street  and  highway  as  aforesaid. 

And  it  is  further  expressly  agreed  and  understood  between 
the  parties  hereto  that  the  distance  for  which  said  company  is 
authorized  to  charge  toll  shall  not  be  in  anywise  diminished,  nor 
the  tolls  necessarily  lessened,  by  the  agreement,  arrangement  and 
transfer  hereby  entered  into  and  made  by  the  parties  hereto;  but 
the  same  privileges  as  to  tolls  and  the  same  liabilities  in  regard 
thereto  shall  remain  with  and  upon  said  company  as  heretofore, 
to  the  said  road  from  Ringgold  street  out. 


Special  Ordinances. 


445 


Turnpikes — Covert  Run  Turnpike  Road  Company  Contract. 


It  is  further  agreed  and  understood  that  should  the  City  of 
Newport  alter  or  change  the  grade  of  that  part  of  said  road  hereby 
transferred,  which  is  near  to  or  at  the  intersection  of  the  southern 
line  or  boundary  of  said  city,  so  as  to  involve  any  alteration  or 
change  of  the  adjoining  or  adjacent  part  of  said  turnpike  next 
south  of  the  part  hereby  conveyed,  that  the  city  will  reimburse, 
indemnify  or  make  good  to  said  company  the  expense  of  said 
alteration,  or  that  the  city  will  make  such  alteration  at  her  own 
expense. 

In  witness  whereof  the  said  turnpike  company,  by  its  Presi- 
dent and  Secretary,  and  said  City  of  Newport,  by  her  President 
and  Clerk,  have  hereunto  set  their  hands  and  seals  this  29th  day 
of  October,  1863. 

Thomas  L.  Jones, 

President  of  the  Campbell  Turnpike  Road  Company. 

R.  F.  Caldwell, 

Treasurer  Campbell  Turnpike  Road  Company. 

M.  J King, 

President  of  City  Council. 

X.  Sine  Clerk. 


Dedication  of  portion  of  Covert  Run  Turnpike.  (Accepted  July  12,  1883.) 

The  Covert  Run  Turnpike  Road  Company  do  hereby  dedi- 
cate, grant  and  convey  to  the  City  of  Newport  so  much  of  the 
turnpike  road  as  lies  between  the  west  side  of  Overton  street  and 
sixty-six  feet  on  the  east  side  of  Monroe  street,  to  be  an  exten- 
sion of  Jefferson  street,  in  the  City  of  Newport,  and  to  be  used 
as  by  law  streets  are  to  be  used  in  said  City  of  Newport. 

The  Covert  Run  Turnpike  Road  Company,  however,  reserves 
the  right  to  charge  toll  and  locate  its  toll  house,  as  though  said 
part  of  its  roadway  had  not  been  granted. 

This  dedication  not  to  take  effect  until  accepted  by  the  City 
of  Newport  in  all  its  terms. 


446 


Special  Ordinances. 


Water-works — William  W.  Post  Contract. 


WATER-WORKS. 

The  Contract  between  the  Board  of  Trustees  of  the  Newport  Water-works 
and  William  W.  Post. 

This  contract,  made  between  the  Board  of  Trustees  of  the 
Newport  Water-works  of  the  first  part,  and  William  W.  Post  of 
the  second  part,  witnesseth : That  the  party  of  the  first  part,  in 

consideration  of  the  covenants  hereinafter  expressed  by  the  party 
of  the  second  part,  grants  to  the  said  party  of  the  second  part  and 
to  his  assigns  the  exclusive  privilege,  for  the  term  of  twenty-five 
years  from  this  date,  of  supplying  to  the  Cities  of  Bellevue  and 
Dayton  and  the  inhabitants  thereof  water  from  the  Newport 
Water-works. 

The  party  of  the  second  part  is  to  advance  the  money  neces- 
sary to  purchase,  lay  and  maintain  all  the  pipe  necessary  for  said 
purpose,  and  to  erect  and  maintain  the  necessary  meters  which  are 
to  be  placed  in  the  City  of  Newport  at  any  point  on  the  line  of 
pipe  which  it  may  be  directed  and  required  by  the  party  of  the 
first  part. 

The  party  of  the  second  part  is  to  furnish  for  use  no  water 
withiii  the  present  corporate  limits  of  Newport,  and  is  to  pay  to 
the  party  of  the  first  part,  in  quarterly  payments,  seven  cents  per 
thousand  gallons  for  all  water  used  by  the  party  of  the  second 
part ; and  if  said  party  of  the  second  part  shall  fail  for  ninety 
days  to  make  payment  as  aforesaid,  this  contract  may  be  declared 
void  and  annulled  by  the  party  of  the  first  part.  The  party  of  the 
second  part  is  to  begin  to  receive  water  on  or  before  the  first  dav 
of  November,  1887;  if  he  shall  fail  to  do  so,  then  he  is  to  pay  to 
the  party  of  the  first  part  as  liquidated  damages  the  sum  of  one 
dollar  each  day  until  he  begins  to  receive  it ; and  should  he  delay 
the  receiving  of  water  until  the  first  day  of  November,  1888,  then 
this  contract  may  be  declared  void  and  annulled  by  the  party  of 
the  first  part. 

Water  is  to  be  taken  under  this  contract  from  a point  in  the 
City  of  Newport  at  or  near  the  Dayton  Bolt  and  Nut  Works,  on 


Special  Ordinances. 


447 


Water-works — William  W.  Post  Contract. 


Front  street,  from  which  point  to  the  corporate  line  of  the  City 
of  Newport  money  is  to  be  advanced  by  the  party  of  the  second 
part  sufficient  to  complete  the  work  in  the  city  and  to  maintain 
the  same.  If  the  water  pipe  now  in  use  on  Front  street  shall 
prove  insufficient  for  the  purpose  of  fulfilling  this  contract,  the 
party  of  the  first  part  shall  insert  pipes  of  the  dimension  of  eight 
inches,  provided  the  water  taken  by  the  party  of  the  second  part 
will  pay  eight  per  cent,  per  annum  upon  the  amount  necessary  to 
do  said  work. 

At  the  expiration  of  this  contract,  the  party  of  the  second 
part  has  the  privilege  of  purchasing  the  pipe  laid  in  Newport,  for 
which  he  has  advanced  money,  by  paying  in  advance  a sum  neces- 
sary to  take  said  pipe  from  the  street  and  restoring  the  street  to 
proper  condition. 

Whenever  from  any  cause  the  Newport  Water-works  shall  be 
unable  to  furnish  water  to  its  consumers,  the  party  of  the  first 
part  is  to  be  liable  to  no  damages  or  penalty  for  not  furnishing  it 
to  the  party  of  the  second  part. 

If  at  any  time  any  changes  are  made  in  the  present  rates  for 
water  by  the  party  of  the  first  part,  then  the  price  named  herein 
may  be  changed  and  modified  to  correspond  in  the  same  ratio 
with  said  change. 

In  testimony  whereof  the  party  of  the  first  part,  by  its  Presi- 
dent, and  the  party  of  the  second  part  have  hereunto  subscribed 
their  names  this  eighth  day  of  June,  1886. 

Trustees  oe  the  Newport  Water-works. 

By  James  C.  Wright,  President. 

William  W.  Post. 

Attest:  N.  M.  Mayer. 


PART  V. 

General  Index. 


GENERAL  INDEX 


CITY  CHARTER. 


Section  Page 

Absence — of  members  of  council — forfeiture 3043  11 

Abstract — of  council  proceedings  to  be  published 3045  12 

Acceptance — of  street  improvement  work 3099  66 

Accounts — how  kept  by  auditor 3127  78 

of  superintendent  of  public  works 3120  76 

of  sinking  fund  commissioners 3192  124 

of  council,  publication  of 3075  49 

Action — of  council — reconsideration 3061  40 

rights  of,  saved  by  new  charter 3198  125 

Adjournment — of  called  session — when  mayor  may  adjourn  3046  13 

Ad  interim — appointments  by  mayor 3203  127 

Ad  valorem  tax — levying  and  collecting 3174,  3189  104,  123 

Agencies — to  be  licensed sub-section  2 of  3058  21,22 

Agents,  etc. — to  be  elected  by  council 3049  15 

Aldermen — number  of 3043  9 

Alterations — of  wards 3048  14 

Amusements — to  be  licensed sub-section  2 of  3058  21,22 

Animals — regulations  concerning sub-section  17  of  3058  32 

Annexation — of  territory 3050 — 3054  16 — 18 

wards  therein 3053  18 

Annual  Reports — of  auditor 3129  79 

of  board  of  education,  publication  of 3218  138 

Appeal — from  decision  as  to  validity  of  ordinance 3063  41 

Appointment — of  superintendent  of  public  works 3118  76 

of  police  and  fire  commissioners 31 37  83 

of  waterworks  commissioners 3143  92 

of  delinquent  tax  collector 3188  122 

of  city  solicitor  as  delinquent  tax  collector 3188  123 

of  officers  to  fill  vacancies 3049  14 

temporary,  by  mayor 3203  127 

to  fill  vacancies  in  board  of  education 3213  135 

of  teachers  by  board  of  education 3215  136 

(See  Special  Topics.) 


452 


Index  — City  Charter. 


Section  Page 

Apportionment — of  lien  for  costs  in  street  improvement.  .. . 3096  63 

in  sewer  construction,  benefits 3105  70 

of  revenue 3071  46 

Appropriations — wrongful  voting  on  in  council  a misde- 
meanor   3069  45 

excess  forbidden 3070  46 

ordinance,  how  passed 3071  46 

and  payments  by  board  of  education 3229  144 

and  payment  of  debts  by  council sub-section  27  of  3058  38 

Assessments — on  owners  for  street  improvements 3096  64 

ten  years’  plan 3101  68,69 

limit  in  street  improvement 3102  70 

lien  in  street  improvement,  delinquent  penalty 3101  68,69 

for  taxes,  power  of  council  to  change  by  two-thirds  vote  3189  123 

date,  as  of 3178  113 

in  third-class  city — when  transferred  to  second  class — 

valid  3189  123 

when  made — corrections 3174  104,  105 

Assessor — election  and  qualification,  bond 3177  108 

deputy,  oath,  salary 3177  108 

failure  to  assess,  a misdemeanor 3177  108 

how  property  to  be  estimated 3178  113 

advertising  for  returns 3179  114 

regulations,  office  hours 3179  114 

compelling  returns 3179  114 

return  to  auditor 3180  115 

Attachment — in  police  court .3169  102 

for  delinquent  taxes 3188  122 

Attendance — on  council  meetings  enforced 3043  12 

on  joint  sessions  enforced 3044  12 

of  police  on  council  and  police  court 3168  101 

Attorney  (City) — election,  term,  duties,  salary 3165,  3167  100,101 

to  select  official  newspaper 3117  75 

Auditor — annual  reports  of 3129  80 

filing  ordinances  with 3063  41 

report  to,  of  superintendent  of  public  works 3121  77 

appointment,  qualifications  and  duties 3126,  3127  78 

accounts,  how  kept 3^7  79 

deposits  3128  79 

inspection  of  his  records 3128  79 

daily  and  monthly  reports 3128  79 

duties  as  to  fiscal  affairs,  property,  etc 3129  79 

to  see  to  legal  proceedings 3129  79 

make  rules  and  regulations 3129  79 


Index  — City  Charter. 


453 


Auditor — Continued.  Section 

and  see  to  credit  of  city 3129 

to  countersign  warrants 3129 

what  his  records  must  show 3129 

may  sit  in  council,  but  not  vote 3129 

power  as  to  judgments — loans 3130 

general  powers 3130 

duties  of  clerks  as  to 3134 

returns  of  assessor  to 3180 

duty  in  regard  to  board  of  equalization 3182 

returns  to,  of  board  of  equalization 3181 

return  of  tax  bills  to,  by  treasurer,  and  settlement 3186 

daily  report  to,  and  settlements  with,  by  delinquent  tax  • 

collector  3188 

report  as  to  sinking  fund 3195 

report  on  inspection  of  costs,  etc 3211 

Awarding — of  franchises  or  privileges 3068 

Balloting — election  by  secret 3172 

for  school  board — mode 3232,3 233 

Board  or  Aldermen — (See  Council). 

Board  oe  Councilmen — (See  Council). 

Board  of  Education — powers 3212 

meetings — quorum  3212 

appropriations  3212 

records  3212 

elections — in  and  by 3213 

titles  to  school  property 3214 

appointment  of  teachers,  etc 3215 

buildings  and  property,  leased  or  bought 3215 

gifts  of  property — or  devises 3215 

general  regulations 3216 

religion — restrictions  3217 

annual  report  of  board 3218 

funds — (see  below) 3219 

default  of  collecting  officers 3219 

approximate  expenses  for  ensuing  year 3219 

may  borrow  money 3219 

bonds — issued  by 3219 

outside  pupils 3220 

examiners  3221 

colored  schools 3222 

members  of,  etc.,  must  not  be  interested  in  contracts. . . . 3223 

qualifications  and  restrictions 3223 

normal  schools  or  training  classes 3224 

treasurer  of  board 3225 


Page 

79 

80 
80 
80 
80 

80 

81 

115 
118 

116 
120 

122 

125 

134 

45 

103 

145 


134 

134 

134 

134 

135 

135 

136 
136 
136 
136 
136 
138 

138 

139 

139 

140 

140 

141 
141 

141 

142 
142 

142 

143 


454 


Index  — City  Charter. 


Board  or  Education — Continued.  Section  Page 

funds  to  be  kept  separate 3225  143 

clerk  of  board 3226  143 

control  of  funds 3227  143 

debts  and  payment 3228  143 

appropriations  and  payments 3229  144 

election  by  the  people 3230  144 

organization  of  board — president 3231  144 

mode  of  balloting — who  eligible 3232,  3233  145 

women  eligible  as  members 3233  145 

women  not  eligible  as  voters 3233  145 

registration,  voters 3234  145 

Board  or  Equalization — selection,  qualifications  and  duties.  3181  116 

sessions  limited — quorum 3181  117 

how  changes  to  be  made  by 3181  117 

returns  to  auditor 3181  118 

auditor’s  duty  thereon 3182  118 

Board  or  Health — and  officers,  appointment  of 

sub-section  1 of  3058  21 

Board  or  Police  and  Fire  Commissioners — appointment...  3137  83 

qualifications  and  term  of  office 3137  83 

mayor  ex-officio  chairman  of 3137  83 

vacancies  3137  83 

salaries  3137  83 

city  clerk  to  be  clerk  of 3137  83 

powers  and  duties 3138  83 

oversight  of  departments 3139  84 

number  of  firemen  and  police 3140  84 

police  oath — bond 3141  84 

qualifications  3141  84,  85 

fire  chief — duties — powers 3142  85 

(See  Police  and  Fire  Commissioners.) 

Board  or  Public  Works — creation,  compensations 3125  77,78 

Board  or  Sinking  Fund  Commissioners — how  constituted. . 3190  124 

duty — tax  levy 3191  124 

accounts — warrants  3192  124 

monthly  reports 3193  124 

redeeming  bonds 3194  124 

report  of  auditor 3195  125 

Board  or  Water  Works  Commissioners — (See  Water 

Works)  3143  92 

Bonds — funding  and  refunding — authorized  to  issue  3077  50 

refunding  bonds  hereafter  maturing 3078  50 

form — denomination — time  to  run 3079  51 

interest  on — when  payable 3079  51 


Index  — City  Charter. 


455 


Bonds— Continued.  Section  Page 

sinking  fund  provided  for  redemption 3080  51 

act  validating 3081  51 

may  issue  to  pay  judgments — time 3082  51 

form — time  to  run — denomination 3083  52 

sinking  fund  for  redemption 3084  52 

refunding — to  pay  bonds  maturing 3085  52 

form — time  to  run — denomination 3086  52 

sinking  fund  for  redemption 3087  53 

funding  and  refunding — amounts  limited 3088  53 

refunding — may  issue  to  pay  maturing  debt 3089  53 

form — time  to  run — denomination 3090  53 

sinking  fund  for  redemption 3091  54 

refunding  and  renewal  issual  of 3071  47 

purchase  by  sinking  fund  commissioners 3194  124 

cancellation  of  redeemed 3195  125 

public  improvements,  incomplete,  issual  to  complete....  3072  47 

increase  beyond  limit,  when  and  how 3073  47 

streets  and  sidewalks,  construction  and  re-construction, 

issual  for  city’s  part  of  cost 3097  65 

streets  and  sidewalks,  ten-year  plan  for  construction  and 

re-construction  3101  68 

schools — board  of  education  may  issue 3219  140 

form — denomination — time  to  run 3219  140 

(officials) — mayor  to  see  to  the  giving  of 3112  74 

of  treasurer 3132  81 

of  depository 3132  81 

of  city  clerk 3136  83 

of  chief  of  police 3168  101 

of  policemen 3141,  3168  85,101 

water  works  commissions 3143  92 

trustees  of  the  public  library 3210  b 132 

assessor  3177  108 

delinquent  tax  collector 3188  123 

Borrowing — -money  3071  46 

Boundaries — of  cities  of  the  second  class 3039  7 

extending  corporate  limits — regulations 3050 — 3054  16 — 19 

to  be  clearly  defined  in  extension 3052  18 

Bribery — of  officers 3207  128 

acceptance  or  soliciting  of  by  officials 3207  128 

Bridges — to  be  provided  for sub-section  5 of  3058  26 

Buildings — and  property  for  schools  leased  or  bought 3215  136 

for  city,  right  to  acquire sub-section  7 of  3058  27 

Business — licenses  specified sub-section  2 of  3058  21 — 25 

Cemeteries — to  be  regulated  by  council.  ..  .sub-section  24  of  3058  36 


456 


Index  — City  Charter. 


Section  Page 

Census — enumeration  to  be  provided  for.  . .sub-section  15  of  3058  31 

Charters — (prior)  saving  in  regard  to 3197  125  - 

Cities  oe  Second  Ceass — specified 3038  5 

general  powers 3038  5,6 

seal  3038  6 

boundaries  • 3039  7 

jurisdiction  as  to  rivers 3039  7 

saving  of  rights  and  obligations 3040  7 

departments  of  governments 3041  9 

Citizen — may  bring  mandamus  as  to  public  work,  when.  . . . 3209  129 

City — process  in  suits  against 3115  75 

credit  to  be  guarded  by  auditor 3129  79 

grounds — improving  and  regulating sub-section  9 of  3058  28 

rights  to  be  protected sub-section  13  of  3058  31 

purchase  for,  at  tax  sale 3187  121 

government — departments  3041  9 

authorized  to  purchase  turnpikes,  .sub-section  1 of  3093a,  3092  54,  55 

to  condemn,  when sub-section  2 of  3093  a,  3093  54,  35 

Civil  Engineer — qualifications — certificate 3173  104 

election,  duties,  qualification  and  term,  salary,  certificate.  3144  92,  93 

duties  3144  a 93 

salary  3*44°  93 

assistant — duties  3144  a 93 

salary  3144  a 93 

CeErk  (City) — duties  as  to  council  and  mayor 3133  Si 

to  keep  the  seal 3133  81 

duties  as  to  auditor 3134  81 

warrants — licenses  3135  82 

tax  books 3135  82 

records  — books  — bonds  — documents,  copies,  etc.,  cus- 
tody of 3136  82 

copies  of  documents,  etc.,  to  be  furnished  by.  3136  82 

printed  copies  of  all  ordinances  to  be  kept  by 3136  82 

to  supervise  public  printing 3136  82 

copies  of  contracts,  bond  and  oaths 3136  82 

bond — salary  3136  83 

duties  provided  by  ordinance 3136  83 

to  be  clerk  of  board  of  police  and  fire  commissioners. . . 3137  83 

to  make  out  tax  bills 3185  119 

to  correct  errors  in  tax  bills 3185  120 

(See  Special  Topics.) 

Collecting — ad  valorem  tax,  ordinance  for 3183  118 

taxes  to  be  provided  for  by  council sub-section  3 of  3058  25 


Index  — City  Charter. 


457 


Section  Page 

Collector  of  Delinquent  Taxes — ditties — bond 3188  122, 123 

compensation  may  be  by  fees 3188  123 

city  solicitor  may  be  appointed 3188  123 

distraint — sale — costs — attachment  3188  123 

daily  reports  to  auditor,  and  settlements 3188  123 

Colored  Schools 3222  141 

Concurrent  Jurisdiction — of  cities  of  second  class 3039  7 

Condemnation — of  turnpikes,  when  authorized 

sub-section  2 of  3093  a,  3093  54,55 

Contracts — members  of  council  not  to  be  interested  in.  . : . . 3043  10 

duty  of  mayor  as  to 3108  73 

members  of  school  board  not  to  be  interested  in 3223  142 

officers  not  to  be  interested  in 3206  127 

Contribution — of  city  in  sewer  construction,  costs,  when. . . 3105  71 

in  street  improvements  by  city,  when 3096  63 

Council — how  constituted 3042  9 

number  of  aldermen 3043  9 

number  of  councilmen 3043  10 

qualification  of  members — term 3043  10 

members  not  to  be  interested  in  contracts 3043  10 

disqualification  after  election 3043  11 

forfeiture  of  pay  by  absence  from  meetings 3043  11 

president  of  each  board 3043  11 

pro  tem 3043  11 

rules  and  regulations 3043  11 

expulsion  of  member 3043  11 

quorum — enforcing  attendance 3043  12 

rules  for  joint  session — enforcing  attendance 3044  * 12 

president  of  joint  session 3044  12 

quorum  in  joint  session 3044  12 

journal  of  proceedings  to  be  kept 3045  12 

abstract  of  proceedings  to  be  published 3045  12 

separate  meetings  of  board  except  in  joint  session 3045  13 

place  of  ftieetings — when  fixed  by  mayor 3045  13 

times  of  meeting 3046  13 

adjournment  of  called  session — when  mayor  may  adjourn  3046  13 

privilege  of  debate 3047  14 

•exemption  from  jury  and  military  duty 3047  13,  14 

city  to  be  divided  into  six  wards — alterations 3048  14 

election  of  officers  by 3049  14 

vacancies  in  office  filled  by 3049  14,  15 

extending  corporate  limits — regulations 3050  16 

organization  of  new  territory 3051  17 

status  of  residents  therein 3051  18 


45s 


Index  — City  Charter. 


Council — Continued. 

Section 

Page 

in  extension,  boundaries  to  be  clearly 

defined.  . . . 

3052 

18 

proviso  as  to  rural  territory 

3052 

18 

vote  as  to  annexation 

3050,  3052 

16,  18 

wards,  re-districting 

3053 

18 

mode  of  changing  wards  or  extending 

limits 

3054 

18,  19 

effect  of  such  changes  on  voters 

3055 

19 

when  wards  may  not  be  changed 

3056 

19 

requisites  of  wards 

3057 

19 

to  preserve  health 

.sub-section 

1 of  3058 

20,  21 

power  to  license  business,  or  regulate  or  suppress 

sub-section  2 of  3058 
power  to  license  trades,  professions,  etc. sub-section  2 of  3058 

agencies — license sub-section  2 of  3058 

amusements — license,  regulation  and  suppression 

sub-section  2 of  3058 

lotteries  prohibited sub-section  2 of  3058 

to  provide  for  levying  and  collecting  taxes 

sub-section  3 of  3058 

water  supply sub-section  4 of  3058 

bridges,  culverts,  sewers,  etc sub-section  5 of  3058 

water  courses,  regulate  and  maintain 

sub-section  5 of  3058 

lighting  of  streets,  etc sub-section  6 of  3058 

re-locating  poles,  wires,  pipes,  etc.  .sub-section  6 of  3058 
placing  wires  underground,  .sub-sections  6 and  21  of  3058 

markets  and  public  buildings sub-section  7 of  3058 

regulation  of  trade sub-section  8 of  3058 

city  grounds — improving  and  regulating 


21,  22 
21,  22 
21,  22 

23,24 

23,24 


25 

25 

26 


26 

26 

27 
27,  35 

27 

28 


sub-section  9 of  3058  28 

to  restrain,  prohibit  or  regulate  sales  of  liquor  

sub-section  10  of  3058  28 

to  establish  and  regulate  weights  and  measures 

sub-section  11  of  3058  ?g 

to  inspect  elevators,  steam  boilers,  heaters,  etc 


sub-section  11  of  3058 

29 

to  inspect  food  and  household  supplies,  liquors,  etc.... 

sub-section  11  of  3058 

29 

police  regulations 

30 

to  protect  the  rights  of  the  city.  . . . 

3i 

to  provide  for  the  support  of  idiots,  insane,  and  ineb* 

riates sub-section  14  of  3058  31 

census sub-section  15  of  3058  31 

prisons,  work-house,  house  of  refuge,  etc 

sub-section  16  of  3058  32 


Index  — City  Charter. 


459 


Council — Continued.  Section 

to  regulate  animals  and  vehicles  on  streets 

sub-section  17  of  3058 

to  prevent  abuse  of  animals sub-section  17  of  3058 

to  punish  vagrancy,  gamblers,  prostitutes,  etc 

sub-section  18  of  3058 

to  license  and  restrain  dogs,  etc sub-section  19  of  3058 

railroad  construction — regulations.  ..  .sub-section  20  of  3058 

to  regulate  speed  of  cars,  etc sub-section  20  of  3058 

to  prevent  railroads  doing  warehouse  or  storage  business, 

sub-section  20  of  3058 

fire  regulations sub-section  22  of  3058 

to  provide  and  collect  fines sub-section  23  of  3058 

to  regulate  cemeteries  and  public  grounds 

sub-section  24  of  3058 

general  powers  as  to  health,  welfare,  etc 

sub-section  25  of  3058 

eminent  domain sub-section  26  of  3058 

appropriations  and  payments  of  debts  and  expenses.  ..  . 

sub-section  27  of  3058 


method  of  passing  ordinances  and  resolutions 3059 

revenue  measures 3060 

ordinance  revision,  repeal  and  amendment 3061 

reconsidering  action  on  failure  to  pass  ordinance 3061 

indefinite  postponement  of  ordinance  or  resolution 3061 

how  ordinances,  etc.,  verified  as  evidence 3062 

how  validity  of  ordinance,  etc.,  tried 3063 

appeal  from  decision  thereon 3063 

penalties  for  violation  of  ordinances,  suit  for 3063 

filing  ordinances  and  resolutions  with  auditor,  and 

indexing  3063 

to  fix  salaries  of  officers  and  employees 3064 

fees  to  revert  to  city 3064 

limit  of  salary 3065 

report  of  fees  collected 3065 

sanitary  inspection 3066 

to  prescribe  fire  limits 3066 

to  compel  consumption  of  smoke 3066 

to  secure  safety  from  fires  in  hotels  and  factories 3067 

franchises  limited  to  twenty  years — how  awarded 3068 

expenditures — excess  forbidden 3069,  3070 

voting  for  appropriations  in  excess  of  limit  a misde- 
meanor   3069 

apportionment  of  revenues 3071 

appropriation  ordinance 3071 


Pago 


32 

32 

32 

33 

33 

34 

34 

35 
35 

30 

37 

37 


38 

38 

39 
39, 40 

40 
40 

40 

41 
4i 

41 

41,42 

42 

43 
43 

43 

44 
44 
44 

44 

45 
45,  46 

45 

46 
46 


460 


Index  — City  Charter. 


Council — Continued.  Section  Page 

borrowing  money — interest 3071  46 

bonds  for  refunding  or  renewing 3071  47 

bonds  for  authorized  improvement — interest 3072  47 

must  be  sold  at  not  less  than  par 3072  ' 47 

debt — limit  3073  47,  48 

bonds — election  for 3073  47,48 

bonds — issue — interest — sinking  fund 3073  47,  48 

exemption  of  manufacturers  from  taxation 3074  49 

publication  of  annual  receipts  and  expenditures 3075  49 

to  regulate  issuing  licenses 3076  50 

exclusive  control  over  streets,  etc 3094  55,56 

street  regulations — sprinkling 3094  56 — 60 

proceedings  for  condemnation  of  land 3095  60 

how  street  construction  and  reconstruction  authorized.  . 3096  6r 

how  costs  to  be  met 3096  63 — 65 

lien  for  costs — apportionment 3096  63,64 

sidewalk  improvements,  costs  of 3096  64,  65 

improvement  bonds — interest 3097  65 

permission  to  property  owners  to  improve  public  ways.  . 3098  65 

acceptance  of  public  work 3099  65,  66 

restrictions  and  regulations  as  to  public  work. 3100  66,67 

errors  in  proceedings,  how  corrected 3100  67 

how  ordinance  for  improvement  passed 3100  67 

ten-year  plan  of  street  improvement — bonds 3101  68 

proceedings  3101  68, 69 

how  funds  applied 3101  69 

limit  to  local  assessment  for  street  improvement 3102  70 

uniform  system  of  improvements 3103  70 

costs  to  be  specified 3103  * 70 

water  works  revenue — how  applied 3104  70 

sewer  construction — costs  on  abutters 3105  70,  71 

apportionment — costs  according  to  benefits.  3105  70,  71 

city  contributions — tax  lien — limit 3105  72 

special  session  may  be  called  by  the  mayor 3110  73 

auditor  may  sit  in,  but  not  vote 3129  80 

duties  of  clerk  as  to 3133  81 

police  attendance  on 316S  101 

voting  in,  to  expend  money  for  other  purposes  than  levy,  3175  107 

power  to  change  method  of  assessment  and  collection  of 

taxes 3189  123 

Court — attendance  of  police 3j6i  99 

(See  Police  Court.) 

Debate — in  council — privilege  of  members 3047  14 


Index  — City  Charter. 


461 


Section  Page 

Debt — limited  3069,  3073  45,  47 

payments  of 3077— 3091  50—54 

Debt — of  school  board — payment 3228  143 

Default — of  officers  in  collecting  school  funds 3219  139 

Delinquent  Tax — on  street  improvement — penalty — lien...  3101  69 

(See  Collector,  Etc.;  Street  Improvement,  Etc.) 

Departments — of  city  government  to  be  kept  distinct 3041  9 

Depository — city — to  furnish  bond 3132  81 

Deposits — auditor  to  see  that  same  are  made  daily 3128  79 

Devise — of  property  for  public  schools. , 3215  136 

Disability — of  officers — temporary  appointment  by  mayor. . 3203  127 

Disqualification — of  members  of  council  after  election. ..  . 3043  11 

Distraint — by  delinquent  tax  collector 3188  123 

Documents — to  be  kept  by  the  clerk — copies,  etc 3136  82 

Dogs — to  be  licensed  and  restrained sub-section  19  of  3058  33 

Drainage — house  and  sewer  connections,  .sub-section  11  of  3058  29 

Election — of  officers  by  council.  . . 3049  14 

of  officers  by  the  people 3172  103 

on  bond  issue — two-thirds  vote  of  people  required 3073  48 

of  city  attorney 3165  100 

of  civil  engineer 3144  92 

of  city  engineer 3173  104 

of  city  clerk 3172  103 

of  mayor 3172  103 

of  city  solicitor 3166  100 

of  jailer  3145  94 

general  regulations — qualification  of  voters 3172  103 

of  assessor 3177  108 

mayor  to  fill  offices  created  by  charter  until  election.  ..  . 3208  128 

by  board  of  education 3213  135 

of  board  of  education  by  the  people 3230  144 

women  not  voters  in  school  elections 3233  145 

of  city  treasurer 3131  80 

qualification  of  voters 3172  103 

voting  to  be  by  secret  ballot 3172  103 

Elevators — inspection  provided  for sub-section  11  of  3058  29 

Eminent  Domain — proceedings sub-section  26  of  3058  37 

Engineer — (See  Civil  Engineer.) 

Evidence — ordinances  3062  40 

Examiners — of  school  teachers 3221  141 

Excess — of  appropriation  forbidden 3069,  3070  45,46 

Exemption — of  manufacturers  from  taxation 3074  49 

of  members  of  council  from  jury  or  military  duty 3047  13 


462 


Index  — City  Charter. 


Section  Page 

Expenditures — regulated 3069,3070  45,46 

Expulsion — of  members  of  council 3043  11 

Extension — of  corporated  limits — regulations 3050 — 3054  16 — 18 

boundaries  to  be. clearly  defined 3052  18 

Fees — to  revert  to  the  city — salaries  not  to  be  paid  until  re- 
ported   3064,  3065  42,43 

of  police  officer  for  the  city 3168  101 

on  stock  and  occupations 3174  106 

of  witnesses  and  jury  in  police  court 31 54  98 

Fines  and  Penalties — in  police  court — collection  and  re- 
port   3155,3162  98,99 

Fire — commissioners  (See  Police  and  Fire  Commissioners.) 

limits  to  be  prescribed 3066  44 

protection  3067  44 

regulations  sub-section  22  of  3058  35 

chief — duties  and  powers 3142  85 

Fiscal — year  3176  108 

affairs — duties  of  auditor  (See  Taxation,  Treasury)....  3129  79 

Food — inspection  sub-section  11  of  3058  29 

Forfeiture — of  pay  by  absence  of  members  of  council 3043  11 

Funds — for  public  schools  to  be  kept  separate — control  of. . 

3225,  3229  143,  144 

Gaming — jurisdiction  of  police  court 3149  96 

General  Council — (See  Council). 

Gifts — of  property  for  public  schools;  and  devises 3215  136 

Government  Departments — to  be  kept  distinct 3041  9 

Grants — limited  to  twenty  years — how  granted 3068  45 


Grounds — (city) — improving  and  regulating 

sub-section  9 of  3058  28 

Health — to  be  protected  by  council sub-section  1 of  3058  20 

board  and  officers sub-section  1 of  3058  21 

Heaters — (steam) — to  be  inspected sub-section  11  of  3058  29 

Household  Supplies — inspection sub-section  11  of  3058  29 

Household — drainage  and  sewer  connections  to  regulate. . . . 

sub-section  11  of  3058  29 

Idiots,  Isane  and  Inebriates — to  be  supported 

sub-section  14  of  3058  31 


Indebtedness — (See  Bonds). 

Indefinite  Postponement — of  question  in  council 3061  40 

Index — to  ordinances  filed  with  auditor 3063  42 


Index  — City  Charter. 


463 


Section  Page 

Ineligibility — of  mayor  to  re-election 3107  72 

Inspection — sanitary 3066 

of  elevators,  steam  boilers  and  steam  heaters,  etc 

sub-section  11  of  3058 

of  food  and  household  supplies sub-section  11  of  3058 

of  costs  by  auditor  and  report 3211 

of  auditor’s  records 3128 

Jailer — election,  term,  qualifications,  salary 3145 

deputy — duties — salary  3145 

Joint  Sessions — of  council 3044 

Jurisdiction — of  police  court 3147 

as  to  territory 3164 

of  circuit  court,  as  to  liens  on  tax  bills 3187 

of  city — concurrent 3039 

Jury — in  police  court 3160 

members  of  council  exempt  from  duty  on 3047 

Legal  Proceedings — under  care  of  auditor  and  mayor  as  to 

fiscal  affairs  3129 

Levy — and  collection  of  taxes  to  be  provided  for 

sub-section  3 of  3058 

of  taxes — how  made 3175 

Library — (Public) — provided  for 3210 — 32106 

trustees — board  of — appointment — qualifications,  duties, 

bond — oath  3210,  32106  129,  131 

have  control — rules  and  regulations  to  be  adopted . . 

3210,  32106  129,132 

mayor  and  county  judge  ex-officio  members  of 32106  132 

appropriations  and  taxes  levied  for 3210 — 32106  129 — 133 

donations  may  be  accepted 32106  133 

council  to  provide  for 3210 — 32106  130 — 133 

Licenses — of  enumerated  business,  trades,  occupations 

sub-section  2 

modes  and  conditions 3076 

duty  of  city  clerk 3135 

of  dogs  sub-section  19  of  3058 

Lien — for  costs  in  street  and  sidewalk  construction.  . . . 3096,  3101 

for  costs  of  sewer  construction 3105 

as  to  taxation  enforced 3187 

Lighting — of  city,  to  be  provided_for sub-section  6 of  3058 

Limit — of  salaries  of  officers  and  deputies 3065 

of  debt 3073 

of  local  assessments  for  improvements 3102 

of  tax  lien  in  sewer  construction 3105 

of  sessions  of  board  of  equalization 3181 


44 

29 

29 

134 

79 

94 

94 

T2 

95 
100 
122 

7 

98,  99 
13 

79 

25 

107 
129— 131 


3058 

21—25 

3076 

50 

3135 

82 

3058 

33 

3101 

64,  69 

3105 

72 

3187 

121 

3058 

26 

3065 

43 

3073 

47 

3102 

70 

3105 

7i 

3181 

117 

464 


Index  — City  Charter. 


Section  Page 

Liquors — licensing,  restraining,  regulating  or  forbidding.  ..  . 

sub-section  10  of  3058  28 

Loans — as  to  judgment — power  of  auditor 3130  80 

Lotteries — prohibited sub-section  2 of  3058  25 

Mandamus — by  citizen  as  to  public  work 3209  129 

Manufacturers — exemption  from  taxation 3074  49 

Markets — to  be  provided  for  by  council.  . .sub-section  7 of  3058  27 

Mayor — election  and  term 3106,  3172  72,  102 

tenure — qualifications  3107  72 

ineligible  for  re-election 3107  72 

compensation — duties  . 3107  73 

power  to  fill  vacancies 3108  73 

duties  as  to  property  and  contracts 3108  73 

reports  to  and  messages  from 3109,  3110,  3113  73,  74 

may  call  special  council  session 3110  73 

may  administer  oaths 3111  - 73 

may  grant  pardons 31 11  73 

to  supervise  official  bonds 3112  74 

signing  ordinances — veto  3114  74 

process  to  be  served  on 3115  75 

to  discharge  duties  required  by  ordinance 3116  75 

to  appoint  police  and  fire  commissioners 3137  83 

commissioners  of  water  works 3143  92 

board  of  equalization 3181  116 

board  of  trustees  of  the  public  library 3210,3210  b 129,  132 

superintendent  of  public  works 3118  76 

auditor  3126  78 

ex-officio  chairman  of  police  and  fire  commissioners.  . . . 3137  83 

when  he  may  act  as  judge  of  police  court 3170  102 

duties  of  city  clerk  to  present  action  of  council. . . 3133  81 

when  he  may  fix  the  place  of  council  meeting 3045  13 

when  he  may  adjourn  called  session  of  council  3064  13 

appointees  of 3200  126 

conservator  of  the  peace 3202  126 

temporary  appointment  by,  on  disability  of  officer 3203  127 

ad  interim  appointments  by 3049  15 

pro  tern 32 04  127 

Military  Duty — members  of  council  exempt  from 3047  13 

Misdemeanor — voting  in  council  for  misappropriation.  .3069,  3175  45, 107 

Officers — vacancies  in  office  elective  by  council 3049  14 

vacancies  in  elective  offices 3049  14 

removing — effect  3201  126 


Index  — City  Charter. 


465 


Officers— Continued.  Section  Page 

(peace) — who  are 32 02  126 

disabilities — temporary  appointments  by  mayor 3203  127 

not  to  be  interested  in  contracts — penalty 3206  127 

qualifications  3205  127 

bribery  of  and  acceptance  by 3207  128 

collecting,  default  of  for  school  funds 3219  139 

Officers — elective  and  appointing  vacancies,  how  filled 3049  14 

enumeration  and  terms  and  time  of  election  of 3172  103 

of  police  court 3161  99 

(See  Special  Topics.) 

Offices — abolished  by  charter  act 3172  .103 

elections — general  regulations 3172  103 

qualifications  of  voters 3172  103 

votes  to  be  by  secret  ballot 3172  103 

Official  Newspaper — city  attorney  to  select 3117  75 

Opening — streets  and  alleys — repealed  where  not  commenced,  3199  126 

Order  of  Business — in  council 3044  12 

Ordinances — mode  of  passing 3059  38,  39 

general  revision  and  publication  of 3061  39,  40 

how  verified  as  evidence 3062  40 

validity  of,  how  established 3063  41 

warrant  for  violation 3063  41 

record  of 3063  41 

filing  with  auditor — index 3063  41 

for  street  improvement — how  passed,  errors  in,  how  cor- 
rected   3100  66,  67 

signing,  veto 3114  74 

what  to  be  published,  and  where 304 5,  3117  13,  75 

printed  copies  to  be  kept 3136  82 

general  duties  of  clerk  as  to 3136  82 

prior,  not  effected  by  charter  until  when 3196,  3197  125 

(See  Special  Topics.) 

Organization — of  annexed  territory 3051  17 

Oversight — of  departments  of  fire  and  police  by  commis- 
sioners   3139  84 

Peace  Officers — who  are 3202  126 

Penalty — on  wrongful  voting  in  council 3069,  3175  45,107 

on  unpaid  taxes 3184  119 

how  enforced 3063  41 

on  police  for  not  paying  over  money 3168  101 

enforcement  of  ordinances  by sub-section  25  of  3058  37 

Permission — to  owners  as  to  making  street  improvements. . . 3098  65 


( 30  N ) 


466 


Index  — City  Charter. 


Section  Page 

Personalty- — and  realty  tax  bills 3187  121 

Police — attendance  on  council  and  court 3168  ior 

duties  of  chief — bond — lien 3168  101 

fees  for  city 3168  101 

penalty  for  not  paying  over  money 3168  101 

regulations  sub-section  12  of  3058  30 

and  sanitary  regulations sub-section  25  of  3058  37 

(See  Police  and  Fire  Commissioners.) 

Police  Court — attachment  3169  102 

when  mayor  may  act  as  judge 3170  102 

judge  pro  tern,  by  choice  of  the  bar 3170  102 

salary  of  the  judge  pro  tern 3170  102 

jurisdiction  as  to  territory 3164  100 

enforcing  returns  3168  101 

organization — salary — eligibility  of  judge 3146  94 

jurisdiction  3H7  95 

what  returnable  to 3X48  95 

trials  of  vagrancy — women 3148  96 

riots — gaming  3149  96 

proceedings 3X49  96 

posse  comitatus 3X49  96 

place  of  court — time— seal 3I5°  96 

convicts — commitment  3I5I  97 

recognizances 3X52  97 

costs  and  fines 3I53,  3J62  97>  99 

witness  and  jury  fees 3X54  98 

fines  and  penalties 31 55  98 

reports  of  fines,  etc.,  daily 3X55  9$ 

process  3X56  98 

clerk  3157  98 

court  always  open 3X58  98 

recognizances  to  keep  the  peace,  etc 3159  98 

jury 3i6o  98 

officers  of  the  court 3x6i  99 

replevin  bonds 3J63  99 

Police  and  Fire  Commissioners— appointment 3137  83 

qualifications  and  terms 3137  83 

mayor  ex-officio  chairman  of  board 3*37  83 

vacancies — salaries  3l37  83 

city  clerk,  clerk  of  the  board 3X37  83 

powers  and  duties 3X38  83 

oversight  of  departments 3X39  84 

number  of  firemen  and  police 3X4°  84 

police  oath — bond 3X4X  84 


Index  — City  Charter. 


467 


Police  and  Fire  Commissioners — Continued.  Section 

police — qualifications  3141 

fire  chief — duties — powers 3142 

fire  department — to  control  fire  department 3142  a 

dismissal  only  after  charges  filed  and  trial 

sub-section  3 of  3142  a 

salary  of  chief  and  members sub-section  4 of  3142  a 

board  of  trustees  of  the  firemen’s  pension  fund 

sub-section  6 of  3142  a 

president  of,  how  selected sub-section  6 of  3142  a 

treasurer  of sub-section  6 of  3142  a 

secretary,  election,  term sub-section  6 of  3142  a 

general  council  to  provide  a pension  fund 

sub-section  7 of  3142  a 

fines,  fees,  gifts,  etc.,  for  fund sub-section  7 of  3142  a 

control  over  pension  fund sub-section  8 of  3142  a 

to  make  rules  and  regulations sub-section  9 of  3142  a 

to  decide  all  applications  for  pensions 

sub-section  9 of  3142  a 

investments  of  funds sub-section  10  of  3142  a 

securities  to  be  deposited  with  treasurer 

sub-section  10  of  3142  a 
interest  of  funds  to  pay  pension.  ..sub-section  11  of  3142a 

to  adjust  rate  from  tax  levy sub-section  11  of  3142  a 

funds  not  to  exceed  $200,000 sub-section  11  of  3142  a 

pension  of  retired  firemen sub-section  12  of  3142  a 

pension  upon  death,  amount  and  to  whom  paid.  ..  . 

sub-section  12  of  3142  a 

pro  rata  payment  of  pensions  if  funds  insufficient.  . 

sub-section  13  of  3142  a 

pay  to  retired  members  and  dependents 

sub-section  14  of  3142  a 

funeral  expenses sub-section  15  of  3142  a 

beneficiaries  sub-section  16  of  3142  a 

duties  of  treasurer,  bond,  etc sub-section  17  of  3142  a 

warrants  on  treasurer sub-sections  18,  19,  of  3142  a 

report  of  board  to  council sub-section  20  of  3142  a 

pension  not  subject  to  attachment,  execution,  etc..  . 

sub-section  21  of  3142  a 

Poor — to  be  supported sub-section  14  of  3058 

Posse  Comitatus — in  police  court  proceedings 3149 

Prisons — regulations  sub-section  16  of  3058 

Privilege — of  debate  in  council 3047 

Process — in  suits  against  the  city  to  be  served  on  the  mayor.  3115 
in  police  court 3156 


Page 

84 

85 

85 

86 
86 

86 

86 

87 

87 

87 

87 

87 

88 

88 

88 

88 

88 

88 

88 

89 

89 

89 

89 

90 
90 

90 

91 
9i 

9i 

31 
96 

32 
1 3 
75 
98 


468 


Index  — City  Charter. 


Section 


Property — supervision  of,  by  auditor 3129 

how  to  be  estimated  for  assessment,  and  assessment 

thereof  3178 

Pubuc  Library — (See  Library). 


Public  Printing — clerk  to  supervise 


3136 


Public  Schools — board  of  education — powers 

meetings — quorum  

appropriations  

records  

elections  by 

titles  to  school  property.  

appointment  of  teachers... 

buildings  and  property  leased  or  bought - 

gifts  and  devises 

general  regulations  . 

religion — restrictions  

children  required  to  attend  school sub-section  1 of 

exception sub-section  1 of 

truant  officer — appointment — qualifications — salary 

sub-section  2 of 

duties sub-section  3 of 

to  prosecute  persons  having  charge  of  children — 

when  sub-section  3 of 

to  keep  record sub-section  4 of 

false  statement  of  age  of  child  or  time  of  attendance — 

penalty  for sub-section  5 of 

annual  report  of  board 

funds,  levy  and  collection  of 

default  of  collecting  officers 

bonds  may  be  issued 

outside  pupils  

examiners  

colored  schools  

members  of  board  must  not  be  interested  in  contracts. . . 

qualifications  of  board 

normal  school  of  training  classes 

treasurer  of  board 

funds  to  be  kept  separate 

clerk  of  board 

control  of  funds 

debts  and  payments 

appropriations  and  payments 

elections  by  the  people 

commencement  of  term 


'3212 

3212 

3212 

3212 

3213 

3214 

3215 
3215 

3215 

3216 

3217 
32170 
3217  a 

3217  a 
3217  a 

3217  a 
3217  a 

3217  a 

3218 

3219 
3219 

3219 

3220 

3221 

3222 

3223 

3223 

3224 

3225 

3225 

3226 

3227 

3228 

3229 

3230 
3230 


Page 

79 

113 

82 

134 

134 

135 
135 
135 

135 

136 
136 
136 
136 
136 

136 

137 

137 

137 

137 

138 


138 
138 
138,  139 
138,  139 
140,  141 
141 
141 

141 

142 
142 

142 

143 
143 
143 
143 

143 

144 
144 
144 


Index  — City  Charter. 


469 


Public  Schools — Continued.  Section  Page 

president  of  board 3231  144 

mode  of  ballot — secret  voting 3232  145 

who  eligible  to  board  of  education 3233  145 

women  can  not  vote 3233  145 

registration  of  voters 3234  145 

Public  Work — mandamus  by  citizen 3209  129 

Purchases — of  property  for  city  at  tax  sales 3187  121 

Railroad — construction — regulations sub-section  20  of  3058  33 

Rate — of  taxation — to  be  fixed,  when 3183  118 

Recognizance — to  keep  the  peace,  in  police  court 3159  98 

Reconsideration — of  council  action 3061  39,40 

Records  3136  82 

Redemption — of  bonds 3194  124 

Registration — of  voters  for  school  elections 3234  145 

Regulations — as  to  office  hours  of  assessor 3179  114 

(See  Special  Topics.) 

Religion — restrictions  on  public  schools 3217  136 

Repeal — by  charter  does  not  divest  rights 3196,  3197  125 

Replevin  Bonds — in  police  court 3163  99 

Reports — (See  Special  Topics.) 

Residents — of  annexed  territory — status 3051  18 

Restrictions — and  regulations  as  to  errors  in  council  action 

as  to  street  improvements 3100  66 

Returns — (See  Special  Topics.) 

Revenue — apportionments  3071  46 

Rights — saved  under  charter  act 3040,  3196,  3198  7,125 

Riots — jurisdiction  of  police  court 3149  96 

Rules — and  regulations  of  council 3043  11 

for  joint  session  of  council 3044  12 

Rural  Territory — proviso  as  to  annexation 3052  18 

Salaries — to  be  fixed  by  council 3064  42 

officers  to  be  paid  by 3064  42 

limit  of 3065  43 

Sanitary  Inspection — to  be  provided  for 

sub-section  1 of  3058,  3066  20,  21,  44 
Saving — in  charter  of  prior  rights  and  obligations.  .3040,  3196,  3198  7,  125 

of  prior  ordinance,  etc 3196,  3197  125 

of  rights  of  action 3198  125 

as  to  opening  streets  and  alleys 3199  126 


470 


Index  — City  Charter. 


Section  Page 

Schools — colored  3222  141 

(See  Public  Schools.) 

Seal — of  city 3038  6 

Separate — meetings  of  council 3045  13 

Sewers — construction — costs  on  abutters 3105  70,  71 

apportionments — benefits  3105  70,  71 

city  contribution 3105  72 

tax  lien  limit 3105  72 

Sinking  Fund — as  to  street  improvements 3101  68,69 

commissioners — how  constituted 3190  124 

duty — tax  levy ..  3190,3191  124 

accounts — warrants  3192  124 

monthly  reports 3193  124 

redeeming  bonds 3194  124 

report  of  auditor 3195  125 

for  street  improvements,  how  applied 3101  69,70 

Solicitor  (City) — election — term — qualifications — salary.  . . . 

3166,  3167  100, 101 

office  may  be  abolished 3171  102 

may  be  appointed  delinquent  tax  collector 3188  123 

Streets — regulations  3094  55,  56 

sprinkling,  districts 3094  57,59 

eminent  domain  proceedings 3095  60 

construction — how  authorized 3096  61,62 

how  costs  to  be  met 3096  62,  63 

lien  for  costs — apportionment 3096  63,64 

improvement  bond 3097,  3101  65,68 

acceptance  of  work 3099  65,66 

restrictions  and  regulations — errors,  correction  of 3100  66,  67 

how  improvement  ordinance  passed 3100  67 

ten-year  plan  for  construction 3101  68,69 

assessments  on  owners 3101  68,69 

delinquent  penalty  on  assessment — lien 3101  68,69 

how  sinking  fund  applied 3101  68,69 

permission  to  owners  to  improve 3098  65 

limit  of  local  assessment — lien 3102  70 

uniform  system — costs  specified 3103  70 

Superintendent — of  public  works — appointment 3118  76 

duties  and  powers 3119,  3120  76 

to  make  rules 3120  76 

to  keep  accounts 3120  76 

reports — statement  to  auditor 3120,  3121  76,77 


Index  — City  Charter. 


47i 


Superintendent — of  public  works — Continued.  Section  Page 

books  and  vouchers 3122  77 

payment  of  salaries 3123  77 

range  of  work 3124  77 

Taxation — ad  valorem  and  poll  taxes 3174  104 — 106 

on  stock  and  occupations  (license  fee) 3174  105,  106 

assessment — when  made — corrections 3174  104,  105 

assessment  in  third-class  city — valid  if  transferred  to 

second  class 3189  123 

how  levies  made — penalties  on 3175  107 

voting  in  council  for  overdraft  of  funds 3175  107 

fiscal  year 3176  108 

levying  and  collecting  ad  valorem  tax 3183  118 

rate  . . 3183  118 

when  taxes  to  be  payable — penalty 3184  119 

tax  bills 5185  119 

correction  of  errors  by  clerk  and  auditor 3185  119,  120 

tax  bills  delivered  to  treasurer 3185  120 

returns  of  treasurer  to  auditor  and  settlement 3186  120 

payments  and  entries 3186  120 

personalty  and  realty  bills 3187  121 

sale  of  bills 3187  121 

purchase  for  the  city 3187  121 

redemption  3187  121 

certificate  of  purchase 3187  121 

lien  enforced 3187  121 

treasurer’s  report  of  sale 3187  122 

how  tax  bills  marked 3187  122 

jurisdiction  of  circuit  court  as  to  liens 3187  122 

(See  Board  of  Equalization,  Delinquent  Tax  Collector, 

Treasurer  and  Assessor.) 

exemption  of  manufacturers 3074  49 

tax  books — clerk  to  make  out 3135  82 


city  assessor  to  assess  shares  of  incorporated  companies 

sub-section  1 of  3177  a 109 

value  of  franchise,  how  fixed 

sub-sections  i,  3 and  4 of  3177  a 109,  no,  in 

reports  of  incorporated  companies  to  assessor 

sub-section  2 of  3177  a 109 

additional  facts  to  be  reported,  when. . .sub-section  3 of  3177  a no 

value  of  franchise  of  railroads  and  companies  whose 

lines  extend  beyond  city  limits sub-section  5 of  3177a  in 

capital  stock  of  unincorporated  companies  having  fran- 
chise   sub-section  6 of  3177  a 


112 


472 


Index  — City  Charter. 


Taxation — Continued.  Section 

notification  to  company  of  values  by  assessor 

sub-section  7 of  3177  a 

assessor’s  duties  as  to  certification  of  franchise  values.  . 

sub-section  8 of  3177  a 

listing;  certification  and  collection  of  franchise  taxes... 

sub-section  8 of  3177  a 

refusal  of  corporation  to  report  and  penalty  for 

sub-section  9 of  3177  a 

individual  stockholders,  when  relieved  from  taxes 

sub-section  10  of  3177  a 

receivers  and  others  to  make  returns  and  valuation.  ..  . 

sub-section  11  of  3177  a 

assessor’s  duties  upon  failure  to  report 

sub-section  12  of  3177  a 

act  not  applicable  to  railroads,  etc.  ..  .sub-section  13  of  3177  a 


Titles — to  school  property 3214 

Treasurer — eligibility  and  election 3131 

bond  and  salary 3132 

duties — depository  3132 

monthly  report ; 3132 

depository  to  furnish  bonds 3132 

warrants  3135 


(See  above  and  Special  Topics  ) 

Truant  Officer — (See  Schools.) 

Turnpikes — city  empowered  to  contract  for  purchase  of . . . . 

sub-section  1 of  3093  a,  3092 

condemnation  of,  when  authorized 

sub-section  2 of  3093  a,  3093 


Vacancies — (See  Special  Topics) 3049 

Vehicles — to  be  regulated sub-section  17  of  3058 

Vote — as  to  annexation 3052 

for  misappropriation  in  council,  punishable 3069 

to  issue  bonds  when  city  beyond  the  10  per  cent,  limit.  . 3073 

Wards — requisites  3°57 

redistricting  on  annexation 3053 

changes  3°54 

changes  do  not  divest  rights 3055 

limit  of  time 3056 

cities  of  the  second  class  to  be  divided  into  six  wards. . 3048 

Warrants — on  treasury 3135 

to  be  countersigned  by  auditor 3129 

signed  by  clerk 3135 


Page 

112 

112 

112 

112 

113 

113 

113 

113 

135 

80 

81 
81 
81 

81 

82 


54,  55 

54,  55 

14 
32 

15 
45 
48 

19 

18 
‘ 18 

19 
19 
14 
82 
80 
82 


Index  — City  Charter.  473 


Section  Page 

Water  Works — net  revenue  to  be  applied  to  street  improve- 
ment   3104  70 

power  of  council  to  establish sub-section  4 of  3058  25 

board  of  commissioners 3143  92 

appointment — qualifications — salaries  3143  92 

when  term  begins — bond 3143  92 

powers  3143  92 

monthly  reports 3143  92 

quorum  3143  92 

Weights  and  Measures — to  be  provided  for 

sub-section  11  of  3058  29 

Wharves — council  to  control 3094  56 

duties  of  superintendent  of  public  works  as  to 31 19  76 


474 


Index  — Special  Acts. 


SPECIAL  ACTS. 


Page 

Boundaries — of  the  city  of  Newport,  act  defining 149 

Court  House  Acts — an  act  authorizing  construction  of  court  house  in 

Newport 150 — 155 

commissioners — appointment — bond — pay  150,  1 51 

a body  corporate 154 

court  house  district  defined 151,  152 

bond  issue — tax  levy 152 

duties  of  commissioners 153 

report  of  sheriff  and  treasurer 153 

exemptions  153 

public  records — where  kept 153 

powers  of  sheriff 153 

county  clerk  to  act  for  commissioners 154 

provision  for  poor 154 

ratification  of  act 154 

duties  of  commissioners 155 

an  act  amending  “ court  house  act” 155 — 158 

allowances  to  certain  officers 156 

control  of  court  house  and  grounds 156,  157 

poor — care  of 157 

tax — how  applied 157 

sheriff,  duty  of 157,  158 

commission  not  allowed .* 158 

an  act  providing  for  indexing  of  public  records 158 

contract  for  authorized 158 

an  act  ratifying  contract  between  city  and  court  house  commis- 
sioners   159,  160 

an  act  concerning  court  house  district 161 — 163 

preamble  161,  162 

repeal  of  exemptions  authorized  by  former  acts 162 

tax  levy  for  certain  expenses 162 

limited  162,  163 

Newport  and  Covington  Bridge  Company — an  act  incorporating.  163 — 168 

corporate  name — purpose — powers 163,  164 

capital  stock — officers — election 164,  165 

right  of  cities  to  subscribe  for  stock 165,  166 

bridge  site 166 

rates  of  toll 166 


Index  — Special  Acts.  475 


Newport  and  Covington  Bridge  Company — Continued.  Page 

injuring  bridge — evading  toll — penalty 166 

condemnation  proceedings 167 

right  of  cities  to  purchase 167 

navigation  not  to  be  obstructed 168 

Sewer  Act — an  act  to  provide  sewerage  in  city  of  Newport 168 — 172 

sewer  districts — city  to  be  divided  into 168 

how  ordered  sewered 169 

requirements  of  ordinances  for 169,  170 

bonds  for — form,  etc 170 — 172 

delivered  to  city  treasurer 172 

how  sold 172 


476 


Index  — General  Ordinances. 


GENERAL  ORDINANCES. 


Section  Page 

Aldermen,  Board  of — number  of  members 16  183 

place  of  meeting 21  184 

time  of  meeting 21,24  184,185 

Confirm  appointment  of  commissioners  of  water  works.  462  330 

Animals — slaughtering  of — regulations 106  207,  208 

while  pregnant,  etc.,  forbidden 107  208 

in  market  place  prohibited 191  235 

dogs  and  goats — license 133  221 

at  large  may  be  killed 217  242 

vicious  dogs  may  be  killed 219  243 

mayor  may  order  dogs  muzzled 218  242 

police  judge  may  order  dogs  killed,  when 219  243 

vicious  at  large — unlawful 216  242 

cattle  at  large — unlawful 220  243 

impounding — advertising  221  243 

hogs  in  city  limits — unlawful 64  196 

fast  driving,  prohibited 276  258,259 

Ashes,  Garbage,  Etc. — removal  of 79,  Bo  201 

unlawful  to  place  on  streets 247  250 

Assessor — salary  291  265 

bond  293  266 

sureties  294  266 

to  give  notice  of  increased  assessment 295  267 

to  keep  book  for  notices 296  267 

retrospective  assessment  by 297  267,268 

Attorney,  City — when  to  pay  over  collections 288  263 

salary  291  265 

Auditor — to  keep  record  of  officers’  bonds 284  * 261 

to  keep  record  of  certain  officers’  oaths 289  263,  264 

bond  298  268 

publication  of  delinquent  tax  bills  by 299  268 

salary  300  269 

Automobiles — speed  limited 272  257 

gong  required 272  257 

penalty  273  258 

Ball-playing — in  streets  unlawful 222  244 

penalty 223  244 


Index  — General  Ordinances.  477 


Section  Page 

Begging — permitting  children — unlawful  226  245 

Bicycles — riding  on  sidewalks,  unlawful 224  244 

riding  without  signal  lights,  unlawful 224  244 

penalty  225  244 

Bird  Shooters — shooting  in  city  limits 267  256 

evidence  of 268  256 

penalty  269  256 

Bonds — of  firemen  vested  with  police  powers 59  194 

annual  renewal  of  officers’,  etc 282  261 

sureties 283  261 

record  of 284  261 

of  assessor  293  266 

of  auditor  298  268 

of  jailer 309  271 

of  night  jail  guard 321  275 

of  marketmaster 210  240 

of  policemen  327  276, 277 

of  superintendent  of  public  works 332  278 

of  treasurer  335  279 

sureties 336  279 

of  city  depository 337  280 

of  overseer  of  poor 345  282 

of  sewer  tapper 378  300 

of  sprinkling  cart  licensee 476  334 

of  plumbers  512  344 

Boundaries — (See  Wards). 

Buildings — fire  escapes  on  certain 1 177 

failure  to  provide — penalty 4 178 

insecure,  repaired  or  abated 6 179 

permits  for — form  of 8,9  180,181 

use  of  streets  while  constructing 10  181 

signal  lights  about  obstructions 428  317 

regulations  11,12  182 

penalty  for  violating  ordinance  relating  to  building 

regulations  15  183 

permit  to  use  water  from  water- works  department. . 489  337 

stables  and  outhouses  must  not  become  a nuisance. . 244  250 

(public)  protection  of 255,258  252,253 

Catapults — shooting  in  city  limits 267  256 

evidence  of 268  256 

penalty : 269  256 

Children — permitting  to  beg — unlawful 226  245 

shooting  firearms,  etc. — penalty 271  257 

City  Depository — bond  of 337  280 


478 


Index  — General  Ordinances. 


Section  Page 

Clerk,  City — to  issue  building  permits io  181 

to  issue  licenses  for  business,  etc 129  220 

renewal  131  220 

dogs  and  goats 133  221 

explosives  (selling) 138  222 

(transporting)  145  224 

fresh  meat  150  225 

renewal  153  225 

liquor  156  227 

milk  venders  161  228 

renewal  166  229 

vault  cleaners  168  230 

renewal  173  231 

vehicles  178  233 

salary  291  265 

to  issue  orders  for  supplies 301  269 

for  contracts 302  270 

duty  concerning  t. 303  270 

extra  allowance 304  270 

to  issue  orders  for  poor — when 342  281 

Coal — (See  Weights  and  Measures). 

Coal  Oil — storage  of — regulations 277  259 

penalty  278  259 

Costs — in  police  court — how’assessed 279  259. 

part  of  fine. 280  260 

Council,  Board  oe — place  of  meeting 20  184 

time  of  meeting 20  184 

Council,  General — place  of  meeting 18  184 

joint  session  22  184 

two  members  of  each  board  may  request  mayor  to  call  22  184 

publication  of  proceedings  in  German 25  185 

may  order  electric  wires  underground 51  191 

to  elect  board  of  health 60  195 

to  elect  health  officer  (but  see  sec.  66,  p.  197) 68  198 

to  elect  night  jail  guard 319  274 

to  elect  janitor 322  275 

to  elect  overseer  of  poor 338  280 

to  act  upon  application  for  liquor  license 156  227 

to  impose  rent  for  market  stalls  and  stands 184  234 

to  order  certificates  of  election 285  262 

each  board  to  judge  of  qualifications  of  its  members. . . . 285  262 

to  approve  bond  of  auditor 298  268 

to  approve  bond  of  superintendent  of  public  works 332  278 


Index  — General  Ordinances. 


479 


Council,  General — Continued.  Section 

claims  presented  to 301 

streets — how  to  order  improved 398,  399 

to  award  contract 399 

to  levy  special  tax 400 

may  permit  property  owners  to  improve 402 

acceptance  of  improvement 403 

may  adopt  ten-year  plan 404 

to  approve  estimates  of  water-works  commissioners 463 

Dairy — (See  Health). 


Dead  Bodies — (See  Health). 

Delinquent  Tax  Collector — when  to  pay  over  collections.  288 


compensation  on  personalty 305 

on  franchises  306 


District  Physicians — (See  Poor). 


Electrical  Illumination — grant  subject  to  conditions 26 

term  of  27 

price  to  consumer  specified 38 

occupation  of  streets,  conditions 28 

alleys,  where  practicable 31 

poles,  etc. — specifications  29 

painting  of  32 

marking  of 33 

joint  occupation  of 34,  35 

location  of  by  superintendent  of  public  works 36 

wires — where  crossing  30 


how  strung 


37 
4i 
l 44 
39 


40 


insulation  </  42 

I 43 

l 47 


for  arc  lighting 46 

may  be  ordered  underground 51 

guard  wires  and  irons 45 

fire  gong  placed  in  plant 49 

life  and  property  protected 50 

linemen  to  wear  badges 48 


penalty  for  violation  of  ordinance  relating  to 52 

license  of  Electric  Light  Company sub-section  58,  128 


Elections — certificates  of — how  issued 285 

when  issued  286 


Pag* 

269 
307,  308 

309 
309,  310 

310 
310 
310 
330 


263 

270 

270 

185 

186 
188 
186 
186 

186 

187 
187 

187 

188 
186 

188 

189 
189 
188 

188 

189 

189 

190 

190 

191 

190 

191 
191 

191 

192 
219 
262 
262 


480 


Index  — General  Ordinances. 


Section  Page 


Employees — salaries  of  certain 292  266 

Engineer,  City — one  of  committee  to  examine  buildings. ...  5 179 

C 30  186 

duties  with  regard  to  electric  wiring J 39  188 

( 47  190 

salary  291  265 

accounts  of — duties  of 308  271 

street  improvement — prepare  plans,  etc 399  308 

to  advertise  for 399  309 

to  supervise 401  310 

to  notify  owners  to  make  sewer  connections  prior  to  415  313 

duties  concerning  opening  of  streets 416  314 

to  issue  license  to  sidewalk  builders 408  312 

to  issue  permit  to  cut  curbs 420  315 

Explosives — how  kept 140  222 

license  to  sell  (See  Licenses). 

to  transport  (See  Licenses).  .* 

sign  exhibited  141  223 

on  vehicles  containing 143  223 

unloading  from  cars 144  223 

railroads  may  carry  through  city 147  224 

Fines — in  police  court — default  in  payment 280  260 

Firearms  and  Fireworks — penalty  to  shoot 270  257 

children  offending : 271  257 

Fire  Department — chief  of,  to  give  notice  to  place  fire  es- 
capes   1, 3 178 

one  of  committee  to  examine  buildings 5 179 

control  fire  alarm  system 53  192 

powers  and  duties 56  193 

to  place  gong  in  electric  plants 49  191 

alarm  system — penalty  to  interfere  with 55  193 

to  give  false  alarm — penalty 55  193 

to  have  unlawful  possession  of  fire-box  key — penalty  54  193 

firemen,  vested  with -police  power 58  194 

bond  of 59  194 

when  paid  salary 329  277 

riding  on  apparatus  of,  unlawful 236  247 

Fire  Escapes — (See  Buildings). 

FloberT  RielES — shooting  in  city  limits 267  256 

evidence  of 268  256 

penalty 269  256 

Garbage — removal  of 79,  80  201 

unlawful  to  place  in  streets 247  250 

on  public  dump 84  203 


Index  — General  Ordinances. 


481 


Section  Page 

Health — board  of,  established 60  194 

number — terms — election  60  195 

may  elect  secretary 60  195 

powers  and  duties 61  195 

may  declare  nuisances 61  195 

report  to  council 62  196 

issue  and  revoke  permits  to  sell  milk 100  206 

may  order  vaccination 114  210 

sanitary  officer  subject  to 344  282 

district  physician  subject  to 347  282 

appointed  by 347  282 

removal  by  349  282 

contagious  diseases — persons  to  report  to  board  of  health 

— penalty  62  196 

health  officer  to  report  to  council 66,69  19 7,  198 

dairy,  what  constitutes 95  205 

location — how  kept 96  205 

cows — how  kept 97  206 

unhealthy  separated  98  206 

sick  reported  99  206 

milk — inspection  of  104  207 

(See  Special  Topic.) 

dead  bodies — permit  to  convey  through  city 109  208 

not  to  be  buried  in  city  limits 109  208 

infected,  not  to  be  carried  in  church,  etc 109  209 

infected,  carried  in  hearse 109  209 

infected,  how  prepared no  209 

shipping  of  certain  forbidden m 209 

how  shipped  112,113  209 

hospital — established  72  199 

removal  of  patients  to 73  199 

interference  with — penalty 73  200 

midwives — registration  of  74  200 

to  keep  registry  of  births : 75  200 

report  to  health  officer 76  200 

qualifications  of  77  200 

violations  of  ordinance — penalty 78  201 

officer — ex-officio  member  of  board  of  health 60  195 

appointed  by  board  of  health 66  197 

(but  see  election  by  council) 68  198 

duties,  generally  66,  69  197,  198 

salary  67,  70  198,  199 

to  report  nuisances  to  board  of  health 61  195 

remove  hog  pens 64  196 

(3iN) 


482 


Index  — General  Ordinances. 


Health — officer — Continued.  Section  Page 

inspect  dairies  104  207 

sample  milk  104  207 

destroy  unwholesome  food 108  208 

certificate  for  shipment  of  dead  body 113  209 

inspect  milk  venders’  license 161  228 

sanitary  officer,  under  control  of 344  282 

district  physicians,  under  control  of 347  282 

may  order  patient  to  hospital 348  283 

distribute  medicines 353  284 

record — report  354  284 

privy  vault — removal  of  contents — permit 86  203 

cleaned — how — when  87  203 

not  to  become  offensive 244  250 

night  soil — disposition  of 88  203 

boat  dump  for 91  204 

not  to  connect  with  sewer 388  303 

sanitary  officer,  overseer  of  poor  to  act  as 344  281 

to  issue  vault  cleaning  permit 86  203 

form  of — not  assignable 90  204 

to  examine  privy  vaults 89  204 

report  to  council 93  205 

(See  Poor.) 

Hospital — (See  Health). 

Houses — system  of  numbering 445  322 

Intoxicating  Liquors — unlawful  to  sell  after  midnight 239  248 

exception 240  249 

selling  without  license — penalty 241  249 

(See  Licenses.) 

Jail — (See  Jailer.) 

Jailer — salary  291  265 

bond  309  271 

sureties  310  272 

duties  31 1 272 

station  house  no  part  of  jail 312  273 

no  fee  for  persons  in  station  house — exception 313  273 

violation  of  jail  ordinance — penalty 314  273 

bill  of  fare 315  273,274 

meals  per  day 316  274 

penalty 317  274 

night  jail  guard — term 318  274 

election — salary  319  274 

v duties  320  274 

bond  321  274 


Index  — General  Ordinances. 


483 


Janitor — election — term  

Section 
. • 322 

Page 

275 

duties  

323 

275 

salary  

324 

276 

Library,  Public — Carnegie  gift  accepted. . . 

117 

210 

appropriation  for  

117,  119 

210,  21 1 

Licenses — business,  etc.,  required 

121 

212 

failure  to  take  out — penalty 

122 

212 

conviction  no  exemption  from  payment 

127 

213 

civil  action  to  collect 

122 

212 

not  transferable  

123 

212 

exhibited  

124 

213 

date — payment 

125 

213 

revocation  of 

126 

213 

issued  by  clerk 

129 

220 

application  of  

130 

220 

renewal  of  

131 

220 

(special)  advertising  agents 

15, 

128 

215 

auction  house 

128 

2l8 

auctioneer  

1, 

128 

213 

banking  

39, 

128 

217 

bill  distributing 

20, 

128 

215 

bill  posting  

20, 

128 

215 

billiards  and  pool 

52, 

128 

219 

bowling  alleys  

128 

219 

brewers’  agents  

l4, 

128 

214 

broker,  financial 

1, 

128 

21 3 

broker,  insurance  

128 

217 

broker,  lumber  

IQ, 

128 

215 

broker,  merchandise  

1 7, 

128 

215 

broker,  railroad  ticket 

18, 

128 

215 

cattle  dealer  

33, 

128 

216 

circus  

S3, 

128 

219 

claim  agent  

11, 

128 

214 

clairvoyant  

50, 

128 

219 

commission  merchant  

9, 

128 

214 

concerts  

5, 

128 

214 

cyclorama  

25, 

128 

216 

detective  agency  

32, 

128 

216 

doctor,  itinerant  

5L 

128 

219 

electric  light  company 

128 

219 

express  wagon 

59, 

128 

219 

financial  agent  

1, 

128 

213 

fortune  telling  

49, 

128 

219 

furniture  wagon  

128 

219 

grain  elevator  

24, 

128 

216 

484 


Index  — General  Ordinances. 


Licenses — ( special ) — Continued. 

Section 

Page 

horse  dealer  

33, 

128 

216 

huckster  

44, 

128 

218 

ice  dealer 

23, 

128 

216 

insurance  broker  

38, 

128 

217 

insurance  company 

37, 

128 

217 

itinerant  doctor  

5i, 

128 

219 

junk  dealer 

21, 

128 

215 

laundry  agent  

36, 

128 

217 

laundryman  

35, 

128 

21 7 

lender  of  money  on  chattel  mortgages . sub-section 

43, 

128 

218 

lightning  rod  agent 

10, 

128 

214 

liquors,  wholesale 

3, 

128 

213 

liquors,  retail,  not  to  be  drunk 

on  premises 

sub-section 

4, 

128 

214 

lithographing  

20, 

128 

215 

loan  company 

16, 

128 

215 

lumber  broker  

19, 

128 

215 

masquerade  ball  

48, 

128 

218 

messenger  

42, 

128 

218 

nurseryman  

29, 

128 

216 

nurseries’  solicitor  

13, 

128 

214 

operatic  exhibitions  

sub-section 

54, 

128 

219 

panorama  

26, 

128 

216 

patent  rights  dealer 

sub-section 

34, 

128 

217 

pawnbroker  

47, 

128 

218 

pedestrian  exhibitions  

30, 

128 

216 

peddler  

45, 

128 

218 

photographers’  agents  

sub-section 

6, 

128 

214 

pool  tables  

52, 

128 

219 

promoters  of  concerts 

5, 

128 

214 

public  shows  

8, 

128 

214 

railroad  ticket  broker 

18, 

128 

215 

real  estate  agents  

1, 

128 

213 

rental  agent  

1, 

128 

213 

runners  

7, 

128 

214 

sample  distribution  

20, 

128 

215 

second-hand  dealers  

22, 

128 

216 

sewing  machine  agents  

12, 

128 

214 

shooting  gallery  

56, 

128 

219 

shows,  public  

8, 

128 

214 

skating  rink  

27, 

128 

216 

slot  machines  

61, 

128 

220 

storage  houses  

28, 

128 

216 

street  faker 

57, 

128 

219 

telegraph  

40, 

128 

217 

Index  — General  Ordinances.  485 


LICENSES — (special) — Continued.  Section  Page 

telephone  sub-section  41,  128  218 

theatrical  exhibitions sub-section  54,  128  219 

wrestling  exhibitions sub-section  31,  128  216 

dogs  and  goats — amount 133  221 

failure  to  obtain — penalty , 134  221 

applied  to  police  fund 136  222 

explosives  (selling)  137  222 

amount — date 138  222 

failure  to  obtain — penalty : 139  222 

applied  to  fire  department  fund • 142  223 

explosives  (transporting)  143  223 

amount — date  145  223,  224 

violation  of  ordinance — penalty 146  224 

applied  to  police  fund 148  224 

fresh  meat — amount 149  224 

not  transferable — how  issued 150  225 

failure  to  obtain — penalty 151  225 

applied  to  police  fund 152  225 

renewal  of . . 153  225 

liquor — amount — terms 154  226 

provision  for  transfer 155  226 

application  for,  requirements 156  227 

made  to  council 136  227 

what  must  show 157  227 

must  be  displayed 157  227 

does  not  authorize  selling  on  Sunday 157  228 

applied  to  police  fund 138  228 

selling  without — penalty 241  249 

milk  venders — amount  160  228 

exhibited  161  228 

date  162  229 

not  transferable 163  229 

violation  of  ordinance — penalty 164  229 

applied  to  general  expense 165  229 

renewal  166  229 

permit  to  sell  from  board  of  health 100  206 

plumbers — issued  by  water- works  department 511  344 

sewer  tapper — issual  378  300 

term — amount  378  301 

not  transferable  378  301 

applied  to  street  fund 378  301 

sidewalk  builders  408  312 

penalty  410  312 

sprinkling  carts — issued  by  water-works  department. .. . 476  334 

vault  cleaners — amount  167  230 


486 


Index  — General  Ordinances. 


Licenses — vault  cleaners — Continued.  Section  Page 

issual — not  transferable  168  230 

date — term  • 169  230 

violation  of  ordinance — penalty 17.0  230 

revocation  170  230 

subject  to  board  of  health  and  health  officer 171  231 

applied  to  police  fund 172  231 

renewal  173  231 

vehicles  for  hire — classification 174  232 

term  175  232 

exception  176  232 

violation  of  ordinance — penalty 177  232 

issual  by  clerk 178  233 

plate  displayed  179  233 

police  officers  to  enforce 180  233 

applied  to  police  fund 181  233 

License  Collector — collect  dog  license 135  221 

list  dog  owners 135  221 

failure — penalty  135  221 

Markets — market  days  182  233 

stalls  and  stands — sale  of ! 183  233 

rents  in  advance 190,202  235,237 

transfer  of  185  234 

forfeiture  186  234 

cleaning  of — penalty 189  234 

outside  established  195  236 

rules  196  236 

closing  hours  193  235 

forestalling — penalty  192  235 

standard  weights  to  be  kept  at 188  234 

using  false  weights  at — penalty 187  234 

MarkETm aster — office  created — term — election 203  237,  238 

oath — bond  210  240 

salary  21 1 240 

fees  accounted  before  paid 209  240 

( 201  237 

accounting  and  reporting J 208  239 

C 288  263 

market  place — control  of 204  238 

keep  clean 194  235 

responsible  for  sanitary  condition 198,205  236,238 

rent  stalls  and  stands 194  235 

receive  bids  for  stalls,  etc 197  236 

report  repairs  194  235 

place  wagons  about  194  235 


Index  — General  Ordinances.  487 


MarkETmaster — market  place — Continued.  Section  Page 

may  arrest  and  report  certain  offenders 199,206  236,  238 

. control  outside  stands 196  236 

inspect  coal  528  349 

194  236 

\ 200  237 

weights  and  measures — inspector  and  custodian J. 

I 207  239 

^ 519  347 

when  required,  shall  weigh  articles 212  240 

weights,  etc.,  fee  for  inspecting 213  240 

applied  to  interest  fund 214  241 

person  refusing  to  pay — penalty 215  241 

Mayor — one  of  committee  to  examine  insecure  buildings. ...  5 179 

open  street  improvement  bids 399  309 

may  call  council  in  joint  session 22  184 

select  German  newspaper  for  publication  of  proceedings 

of  council  25  185 

ex-officio  president  of  board  of  health 60  195 

may  revoke  licenses — vault  cleaners 91,170  204,230 

business,  etc 126  213 

may  close  saloons  by  proclamation — when 157  228 

may  permit  sale  of  liquor  after  midnight  on  certain  oc- 
casions   240  249 

may  order  unclaimed  dogs  and  goats  killed 217  242 

may  order  dogs  muzzled 218  242 

to  issue  certificate  of  election 285  262 

appoint  water- works  commissioners 462  330 

Medicine — for  poor — (See  Poor). 

Midwives — (See  Health). 

Milk — of  sick  animals  not  to  be  sold. 98  206 

kept  separate  from  good 98  206 

permit  to  sell 100  206 

legal  standard  101  206 

impure,  sale  of  forbidden 102  207 

skimmed,  how  sold 103  207 

selling  from  wagon 105  207 

sample  may  be  taken  by  health  officer 104  207 

(See  Health,  and  Licenses.) 

Night  Jail  Guard — (See  Jailer.) 

Offenses  and  Punishments — abusive  language 229  246 

animals,  vicious  at  large 216  24 2 

unmuzzled  dogs  at  large 218  242 

vicious  dogs  at  large 219  243 

cattle  at  large 220  243 


488  Index  — General  Ordinances. 


Offenses  and  Punishments — animals — Continued.  Section  Page 

dead,  remaining  on  street 248  251 

assembly,  unlawful 227  245 

automobiles,  speeding — gong 272  257 

penalty  273  258 

ball-playing  on  streets ■ 222,  223  244 

begging,  permitting  children 226  245 

bicycles — on  sidewalks 224  244 

without  signal  light 224  244 

penalty 225  244 

breach  of  peace 227  245 

disorderly  conduct  228  245 

disorderly  house 230  246 

drunkenness  231  246 

exposing  person  by  bathing  or  otherwise 232  246 

entering  cars  unlawfully 234  247 

penalty 235  247 

entering  on  fire  apparatus 236  247 

fast  driving  276  258 

false  weights,  using 187,  523  234,348 

failure  of  officers  to  turn  over  books,  etc.,  to  successor. . . 287  262,  263 

firearms  and  fireworks,  shooting 270  257 

children  offending  271  257 

house  of  ill  fame  230  246 

house,  disorderly  230  246 

liquor-selling  without  license 241  249 

after  midnight  239  248 

lewd  posters,  etc 237  248 

penalty  238  248 

loitering  242  249 

in  public  buildings  258  253 

nuisances,  on  private  property 243  250 

stables,  etc.,  to  become 244  250 

penalty  245  250 

on  streets  246,  247  250 

dead  animals  248  251 

officers  resisting  263  255 

profane  swearing  231  246 

public  landing  protected 260  254 

public  property,  mutilating 255  252 

public  ways,  obstructing 254,256,257  252,253 

riot — rout  227  245 

resisting  officers  263  255 

sidewalks,  obstructing 250,  256  251,  253 


Index  — General  Ordinances.  489 


OFFENSES  and  Punishments — sidewalks — Continued.  Section  Page 

driving  upon — injuring  253  252 

spitting  upon 251  251,252 

sign  boards  regulated  261  254 

second-hand  dealers,  to  report 264  255 

penalty 265  255 

shade  trees  and  boxes  protected 266  256 

shooting  catapults,  etc 267  256 

penalty 269  256 

firearms  and  fireworks 270  257 

spitting  on  streets 251  252 

penalty 252  252 

spitting  on  street  car 251  251,252 

penalty 252  25  2 

street  cars,  speed  limited 274  258 

penalty  275  258 

storage  of  coal  oil,  etc. — regulations 277  259 

penalty  278  259 

(Penalties  for  violations  of  various  ordinances,  see  Special  Topics.) 

Officers — execute  orders  of  board  of  health 63  196 

resisting — penalty  263  255 

bonds  of,  renewal  annually 282  261 

certificates  of  election  of 285  262 

when  to  issue 286  262 

when  to  qualify 286  262 

to  deliver  books,  etc.,  to  successor 287  262,263 

penalty  287  263 

when  to  pay  over  collections 288  263 

oaths  290  264 

salaries  of  certain 291  265 

salaries  of  certain  employees 292  266 

(See  Special  Topics.) 

PeumbERS — license — permit 511  344 

application  512  3^/1 

term— fee  512  345 

laying  pipe — regulations  513  345 

must  make  returns 514  345 

service — regulations 515  345 

removal  of  stop-cock  boxes 516  345 

fines  and  forfeitures 517  346 

Police  Judge — assessment  of  costs  by 279  259 

may  order  vicious  dog  killed 219  243 

may  order  convict  fed  on  bread  and  water 281  260 

salary  325  276 


490 


Index  — General  Ordinances. 


Section  Page 

Police  and  Fire  Commissioners — Jo  approve  bond  of  fire- 
men   59  194 

of  policemen 327  277 

salary  326  276 

Police — chief  of,  may  impound  cattle 221  243 

advertise  221  243 

to  pay  over  collections 288  263 

supervise  stationhouse 312  273 

may  order  unclaimed  dogs  and  goats  killed 217  242 

to  receive  report  from  second-hand  dealers 264  255 

to’serve  certain  notices 415  313 

officers  to  enforce  vehicle  license  ordinance 180  233 

bond  of  327  276, 277 

number — pay  . 328  277 

when  paid  *329  277 

to  inspect  and  order  coal  weighed 528  349 

Poor — overseer  of — election — term 338  280 

duties  339  280 

salary 339  and  note  280 

application  for  relief  to 340  280,281 

relief,  regulations  concerning 341  281 

to  issue  relief  certificates 342  281 

to  keep  records 343  281 

to  report  to  council 343  281 

to  act  as  sanitary  officer 344  281,282 

subject  to  board  of  health  and  health  officer 344  282 

oath — bond  345  282 

districts — defined  346  282 

district  physicians — appointment — duties 347  282 

subject  to  health  officer 347  282 

subject  to  rules  of  board  of  health 347  282 

report  to  board  of  health  and  council 347  282 

may  send  patients  to  hospital 348  283 

removal  of 349  283 

prescriptions,  record  of 350  283 

salaries  351  283 

medicine  for,  how  furnished 352  283, 284 

how  distributed 353  284 

record  and  report  by  health  officer 354  284 

Public  Buildings — protected 255,258  252,253 

Public  Dumps — designated 82  202 

permit  to  use 83  202 

Public  Landing — obstructing — penalty 260  254 


Index  — General  Ordinances.  491 


Section  Page 

Public  Property — protection  of 255,258  252,253 

Public  Ways — (See  Streets  and  Sidewalks). 

Public  Work — home  labor  preferred 355  284 

wages  of  laborer  protected 356  284 

certified  check  to  accompany  bids  for. 357  285 

Resisting  Officers — (See  Offenses  and  Punishments). 

Rubber  Slings — (See  Catapults). 

Sanitary  Officer — (See  Health — Poor). 

Second-hand  Dealers — to  report  to  chief  of  police 264  255 

failure — penalty  265  255 

Sewers — districts,  city  divided  into 358  285 

district  “A”  defined 359  286,  287 

“B”  defined 359  287 — 289 

“C”  defined 359  289 — 291 

“D”  defined 359  291 — 294 

“E”  defined 359  295,296 

plats  on  file 360  296 

ordinance  to  sewer  district  “A” 361 — 363  296,297 

“B” 364— 366  297 

“C” 367— 369  297,298 

“D” 370—372  298,299 

“E” 373—375  299 

connections — permit  to  sewer  tapper 376  300 

to  owner 383  302 

license  to  sewer  tapper 378  300 

terms — fee  378  301 

not  transferable 378  301 

applied  to  street  fund 378  ' 301 

notice  of 380  301 

how  constructed,  drains 379  301 

penalties  for  violation  of  ordinance  regulating 381  301,  302 

superintendent  of  public  works  to  make  regulations.  382  302 

permit  to  owner,  etc 383  302 

fee  384  302 

penalty  for  failure  to  obtain 385  302 

whom  required  of 386  302 

applied  to  street  fund 387  302,  303 

rules  and  regulations 388  303,  304 

violation  of — penalty 389  305 

owners  to  make  as  far  as  curb  line 390  305 

failure — penalty 391  305 

with  manufactories  required 393  305,306 

penalty  394  306 

tapping  of  manholes,  etc.,  prohibited 396,  397  306,  307 

must  be  made  before  improvement  of  streets 412  313 


492 


Index  — General  Ordinances. 


Sewers — Continued.  Section 

draining  of  ashes,  etc.,  into  unlawful 247 

parts  of  slaughtered  animals  into  unlawful 106 

privy  vault  not  to  be  connected  with 


driving  or  trespassing  upon- 


Page 

251 

208 


Signal  Bells- 


Sprinkling — (See  Streets). 
Station  House — (See  Jailer). 


Streets — general  provisions — 

used  for  building  purposes,  regulations, 
removal  of  surplus  building  material... 
electric  light  poles  must  not  obstruct.  .. 
poles  not  to  be  erected  without  author! 
ashes,  etc.,  upon  unlawful 


opening  reconstructed  street  for  certain  time  unlaw- 


penalty 


388 

303 

266 

250 

II 

182 

12 

182 

1 3 

183 

253 

252 

257 

251—253 

252 

252 

261 

254 

262 

255 

408 

312 

513 

345 

261 

254 

426 

316 

428 

317 

429 

3i7 

331 

278 

274 

258 

252 

251,252 

10 

181 

14 

183 

28 

186 

257 

253 

247 

250 

248 

251 

254 

252 

256 

253 

412 

313 

414 

313 

416 

3i4 

417 

314 

417 

3i4 

418 

314 

419 

315 

420 

315 

421 

3ib 

422 

315 

Index  — General  Ordinances.  493 


Streets — general  provisions — Continued.  Section  Page 

protection  of  improved  streets 424  316 

penalty  425  316 

signal  bells  required  at  certain 426  316 

signal  lights  about  excavations,  etc 428  317 

penalty  429  317 

sprinkling — dry  strip  left 430  318 

penalty 431  318 

excessive  forbidden 432  318 

penalty 433  318 

between  steam  railway  tracks  required 434  319 

penalty  435  319 

grades — 

establishing  of,  east  of  Park  avenue,  of  Ohio  alley.  . 436  319 

Sixth  street 437  320 

Seventh  street 438  320 

Eighth  street 439  320 

Ninth  street 440  320 

Maple  avenue 441  321 

Linden  avenue 442  321 

Oak  avenue 443  321 

Indiana,  Tennessee  and  Kentucky  alleys 444  322 

improvement — 

construction  and  reconstruction 398  307,  308 

cost — lien  398  307,  308 

petition  of  property  owners 399  308 

advertisement — contract  399  308,  309 

special  tax  for 400  309,  310 

supervision  of 401  310 

property  owners  may 402  310 

acceptance  of 403  310 

ten-year  plan  may  be  adopted 404  310,  31 1 

proceedings  according  to  charter 405  31 1 

contracts,  special  collector  of  tax 406  311,  312 

names — 

certain  changed 445 — 460  .322 — 328 

portion  of  Ohio  alley  abandoned 455  327 

Superintendent  oe  Public  Works — 

bond  of 332  278 

salary 333  278 

one  of  committee  to  examine  buildings 5 179 

to  order  issual  of  building  permits 10  181 

to  approve  construction  of  vaults 12  182 

to  issue  permits  for  crossing  electric  lines 30  186 

to  use  public  dump 83  202 


494 


Index  — General  Ordinances. 


Superintendent  oe  Public  Works — permits — Continued.  Section  Page 

to  connect  with  sewers 376,  383  300,  302 

fee— penalty  384,  385  302 

to  open  streets 423  315 

to  supervise  location  of  poles 36  188 

painting  of  poles 32  187 

stringing  of  wires 37, 41  188,  189 

improvement  of  streets 401  310 

construction  of  sidewalks 409  312 

to  accept  street  improvements 403  310 

to  inspect  cutting  of  curbs 420  315 

to  make  rules  and  regulations  for  sewer  connections ....  382  302 

may  require  sewer  connections  with  manufactories 393  305,306 

to  require  deposit  of  money  upon  opening  of  streets. .. . 417  314 

one  of  committee  to  open  street  bids 399  309 

to  issue  sewer-tappers’  license 376,378  300,301 

Taxes — delinquent  bills  published  by  auditor 299  268 

Treasurer — to  receive  collections 288  263 

salary  291  265 

bond  335  279 

sureties  336  279 

Vaccination — of  children  attending  school 114  210 

all  persons  may  be  ordered  by  board  of  health 114  210 

Vehicles — (See  Licenses). 

Wards — boundaries  defined 461  328 — 330 

Water-works — commissioners — appointment  462  330 

qualifications — powers  462  330 

may  appoint  superintendent 462  330 

secretary  462  330 

employees  462  330 

to  submit  annual  estimate  to  council 463  330 

expenditure  in  excess  of  estimate  to  be  approved  by 

council  464  331 

quorum  4 66  331 

treasurer  466  331 

to  license  sprinkling  carts 476  334 

to  license  plumbers 51 1 344 

rates  and  rules — application  for  service  connection 467  332 

permit  467  332 

service  pipes 468  332 

inspection  of 471  333 

depth  472  333 

stop-cock  in 473  333 

use  of  water  from  another’s  hydrant \ .. . 469  332 

service  attachments 470  332,333 


Index  — General  Ordinances. 


495 


Water-works — rates  and  rules — Continued.  Section  Page 

hydrants — flush  with  grade 474  334 

location  of 480  335 

hose  attachments 475  334 

use  of 484  336 

sprinkling  carts  licensed 476  334 

fixtures  on  premises 477  335 

branch  services 478  335 

alterations  and  extensions 479,482  335 

attachments  to  old  pipes 481  335 

filling  cisterns 483  336 

connecting  for  fire  protection 485  336 

repair  of  pipes 486  336 

fountains  487  337 

boilers  488  337 

water  used  for  building  purposes 489  337 

water  tanks 490  337 

meters,  control  of 491  337 

assessments  and  payments 492  338 

enforcement  of  rules 493  338 

watering  troughs 494  339 

violation  of  ordinance — water  turned  off 495  339 

penalties  496  339 


meter  rates f 497,  5°3'  5°6’  s°7’  509  339,  342,  343 

{ 497,  note  340 


survey  rates 498  340 

bakeries,  fountains,  etc 499  341 

rates  to  outside  consumers 500  341 

rates — payment  in  advance 501  341 

hydraulic  elevators 503  342 

outside  consumers 504  342 

subject  to  rules  and  regulations 505  342 

rules  governing  plumbers — (See  Plumbers). 

receipts,  application  of 465  331 

Weights  and  Measures — using  false,  at  market 187  234 

using  false — penalty 523  348 

standard,  to  be  kept  at  market 188  234 

( 194  236 

marketmaster  custodian  of ^ 200  237 

( 207  239 

marketmaster  to  weigh  certain  articles  when  required..  212  240 

inspection  of,  refusing  to  pay  for 215  241 

testing  of 519  346,  347 

weights  of  certain  articles  per  bushel 520  347 

weight  to  barrel  of  potatoes 521  348 

selling  unscreened  coal  for  screened — penalty 522  348 


496  Index  — General  Ordinances. 


Weights  and  Measures — Continued.  Section  Page 

hundred-weight — standard  524  348 

coal  carts,  standard  size 525  348 

penalty  for  not  using 526  349 

coal,  sale  by  bushel — weight 527  349 

marketmaster  to  enforce 528  349 

penalty 529  349 

scale  on  wagon 530  350 

penalty 531  350 

using  private  scale  for  public  purposes — penalty 532  350 

Wharves — wharfmaster  to  pay  over  collections 288  263 

duties  and  powers. 537  351,  352 

improved — rates  533  351 

sections — rate  534  351 

rates — lumber  and  other  craft 535  351 

per  day 536  35 1 

watercraft  used  as  dwelling 538  352 

trespassing  upon — penalty , 255  252,253 


Index  — Special  Ordinances. 


497 


SPECIAL  ORDINANCES. 


BRIDGES. 

Page 

Central  Railway  and  Bridge  Company — ordinance  granting  certain 

privileges  to 355,  356 

right  of  way  defined 355 

tax  exemption  during  construction 355 

bridge — how  constructed — discrimination  forbidden.. 356 

rights  reserved  to  city 356 

rates  of  toll 356 

time  of  completion  limited 356 

an  ordinance  authorizing  change  of  grade 357 

right  to  change  grade — city  held  harmless 357 

restriction  as  to  laying  street  railway  track 357 

Kenton  County  and  Campbell  County  Bridge  Company — ordinance 

granting  privileges  to 357,  358 

right  of  way — bond  required 357,  358 

Newport  and  Cincinnati  Bridge  Company — ordinance  granting  privi- 
leges to 359 

right  of  way — restrictions — rates  of  toll 359 

an  ordinance  authorizing  change  of  grade 360,  361 

certain  streets  to  be  placed  and  kept  in  repair — bond  re- 
quired   360,  361 

an  ordinance  authorizing  change  of  approaches 361 — 365 

change  of  grade  of  streets — expense  borne  by  company  . . 361,  362 
company  to  construct  certain  street — damages  to  property 

owners  paid  by  company 363,  364 

single  track  on  street — bond  required 364 

rates  of  toll 365 

* 

LIGHT. 

Newport  Light  Company — ordinance  granting  gas  lighting  privi- 
leges   366—370 

extent  of  grant 366 

pipes,  how  laid — rates  for  gas 367,  368 

public  street  lamps 368 

transfer  of  city’s  right  to  purchase 369 

right  of  city  to  purchase  on  termination 369,  370 

(32N) 


498 


Index  — Special  Ordinances. 


Newport  Light  Company — Continued.  Page 

other  mode  of  lighting  than  gas 370 

gas  consumed  by  city — how  paid  for 370 

resolution  adopting  compromise  contract  betzveen  city  and  Newport 

Light  Company 370 — 372 

preamble  370,  371 

contract — terms  of 371,  372 

rates  to  private  consumers 372 

ordinance  granting  right  to  erect  poles,  string  wires,  etc 373,  374 

revocable — rental — regulations — city  held  harmless 373 

acceptance 374 

Suburban  EeEctric  Illuminating,  Heating  and  Power  Company — 

ordinance  granting  right  to  erect  poles,  wires,  etc. .. . 37 4,  375 

streets  not  to  be  obstructed 374,  375 

poles — how  placed 375 

resolution  authorizing  contract  with 375 — 380 

preamble  to  contract  376,  377 

terms  of  contract 377 — 380 

Public  Bidding — ordinance  offering  gas  franchise 380 — 387 

advertisement  of 380,  381 

conditions  381 — 387 

resolution  accepting  B.  Bramlage  bid 3875  388 


RAILWAYS. 


Elizabethtown,  Lexington  and  Big  Sandy  Railroad  Company — 

ordinance  granting  right  of  way 388—392 

grant — course  prescribed 388,  389 

bridges  over  crossings 389 

crossing  water- works  road 389 

expense  of  change  paid  by  company 389 

switch — speed  on 39° 

road,  how  laid — gutter-plates  at  crossings 390 

gates — watchmen  391 

rights  reserved  to  city — running  switch  forbidden — depot — 

bridges  over  road 391 

discrimination  in  rates  forbidden 391 

L.  & N.  R.  R.  Co.  may  use  switch 391 

care,  exercise  of — city  protected 392 

switch  for  water- works — excavations — grades 392 

Louisville,  Cincinnati  and  Lexington  Railroad — ordinance  granting 

right  of  way 393 — 395 

course  of  right  of  way — temporary  use  of  wharf 393 


rights  reserved— city  held  harmless— connect  with  bridge.  393,  394 


Index  — Special  Ordinances. 


499 


Louisville,  Cincinnati  and  Lexington  Railroad — Continued.  Pag<? 

construction — speed  limit — rights  reserved 394,  395 

an  ordinance  amending  an  ordinance  granting  right  of  way 395 

change  of  grade  authorized 395 

Louisville  and  Nashville  Railroad  Company — ordinance  granting 

right  of  way  for  switch 395 — 398 

course  of 395,  396 

provisions  of  former  ordinance,  part  of 396 

regulations  as  to  trains 396 

supervision  of  city  engineer 396 

crossing  regulations — speed  limit 39 7 

limitation  of  grant  to  grantee 397 

penalty  397 

crossings  over  right  of  way 397,  398 

Chesapeake  and  Ohio  and  Louisville  and  Nashville  Railroad 
Companies — ordinance  requiring  certain  bridges  to  be 

built  by,  and  releasing  from  certain  obligations 398 — 400 

bridges  to  be  maintained 398,  399 

release  of  certain  obligations 399,  400 

not  liable  to  property  holders 400 

RAILWAYS— PRIVATE. 

Addyston  Pipe  and  Steel  Company — switch 400,  401 

Newport  Iron  and  Brass  Foundry  Company — switch 401,  402 

Swift's  Iron  and  Steel  Works — resolution — switch 402,  403 

ordinance  regulating  switch 403,  404 

The  George  Wiedemann  Brewing  Company — switch 405 

• 

STREET  RAILWAYS. 


Newport  and  Dayton  Street  Railway  Company — ordinance  grant- 


ing certain  privileges 406,  407 

course  prescribed 406 

company  to  keep  portion  of  street  in  repair 406 

speed  limit — forfeiture 406,  407 

repealing  clause 407 

Newport  Street  Railway  Company — ordinance  granting  privileges. . 

407 — 410 

course  prescribed 407,  408 

use  of  railway — regulations — rates  of  fare 408 

track  regulations 408 

license  to  be  paid  city 408,  409 

operation  of  cars,  rules  for : 409 


5oo 


Index  — Special  Ordinances. 


Newport  Street  Raieway  Company — Continued.  Page 

time  in  which  road  shall  be  completed 409 

rights  reserved — acceptance 409,  410 

ordinance  providing  for  extension  of  lines 410,  41 1 

course  prescribed 410 

operation  and  construction,  condition — fares 410,  41 1 

Newport  Eeectric  Street  Raieway  Company — ordinance  granting 

rights  and  providing  terms 41 1 — 415 

course  prescribed 41 1,  412 

terms  and  conditions 412 — 415 

ordinance  providing  for  extension  of  lines 415,  416 

conditions  of  former  ordinance  part  hereof 415,  416 

course  prescribed — streets  to  be  restored 416 

ordinance  extending  time  for  building  of  road 417,  418 

terms  and  conditions 417,  418 

ordinance  granting  rights  over  certain  streets  omitted  in  former 

ordinances  419 — 422 

preamble  419,  420 

course  prescribed 420 

concrete  foundation  on  certain  streets 421 

time  for  building  extended 421 

acceptance  of 421 

. road  to  be  constructed  on  Central  avenue 422 

rates — transfers  422 

streets  to  be  restored 422 

ordinance  providing  for  change  of  lines 422 — 425 

preamble  422,  423 

course  prescribed 423 

conditions  423,  425 

South  Covington  and  Cincinnati  Street  Raieway  Company — ordi- 
nance authorizing  change  of  motive  power,  etc 425 — 429 

privileges  granted 425 

speed  limit — time  schedule 425,  426 

conductor  and  motorman  on  each  car 426 

poles,  regulations  concerning 426 

fares — license  fee 4 26 — 4 28 

rights  reserved — track  regulations — bond 428,  429 

time  to  construct — location  of  power  house 429 

ordinance  granting  rights  on  Brighton  street 430 — 432 

course  prescribed — further  privileges — rights  reserved 430 

tracks — poles — regulations  concerning 431 

supervision  of  city  engineer 431 

change  of  grade 431 

bond  43 h 432 

obstruction  of  street  prohibited 432 


Index  — Special  Ordinances.  501 


TELEGRAPH  AND  TELEPHONE. 

Page 

F.  R.  Phillips,  Associates — ordinance  granting  privileges 432 — 433 

grant  432,  433 

obstruction  of  streets  prohibited — repair  of  streets 433 

plant  to  be  kept  in  city 433 

grant  not  exclusive 433,  434 

commencement  and  completion  of  work 434 

bond  required 434 

poles  may  be  used  by  other  companies 434 

fire  use  of  service 434 

Postal  Telegraph  Cable  Company — ordinance  granting  privileges .. . 

435— 437 

grant,  subject  to  restrictions 435 

regulations  435 

combination  with  other  company  forbidden 436 

office  to  be  kept  in  Newport 436 

rights  reserved 436,  437 

license  tax — amount 437 

TAX  EXEMPTIONS. 

Alhambra  Tile  Company 437,  438 

W.  J.  Baker  Company 438,  439 

Donaldson  Lithographing  Company 439,  440 

Newport  Rolling  Mill  Company 440,  441 

Frank  UnnEwehr  & Co 441,  442 

The  George  Wiedemann  Brewing  Company 442,  443 

TURNPIKES. 

Campbell  Turnpike  Road  Company — resolution  authorizing  contract 

as  to  portion  of  road 443 443 

terms  of  contract 444,  443 

Covert  Run  Turnpike  Road  Company — dedication  of  portion  of 

road — acceptance  443 

WATER-WORKS. 

William  W.  Post— contract  to  supply  Bellevue  and  Dayton  zvith 

water 446,  447 


CITY  OFFICIALS. 


August  Helmbold Mayor 

Peter  J.  Krebs City  Clerk 

E.  Arthur  Llewegyn Deputy  City  Clerk 

Edward  L.  Krieger City  Treasurer 

James  Mowele Deputy  City  Treasurer 

Frank  X.  Lang City  Auditor 

Frank  H.  Covalt Deputy  City  Auditor 

J.  Bailey  Morlidge City  Engineer 

A.  H.  Root Assistant  City  Engineer 

James  T.  Thornton City  Attorney 

Fred.  Knarr City  Assessor 

Louis  M.  Krebs Superintendent  of  Public  Works 

Matthew  Moore Judge  of  Police  Court 

Bernard  Ploeger City  Jailer 

Dr.  Charles  J.  Kehm Health  Officer 

Theo.  W.  Marz.  .Sanitary  Officer  and  Overseer  of  Poor 

John  J.  Waters Chief  of  Eire  Department 

Harry  H.  Deputy Chief  of  Police  Department 


BOARD  OF  ALDERMEN. 

William  A.  Eimer,  President. 

F.  A.  Autenheimer.  Henry  Schlueter. 
Walter  A.  Rowe.  Dr.  L.  C.  Wadsworth. 

BOARD  OF  COUNCILMEN. 

John  Schweikert,  President . 


A.  J.  Thoroman  and  John  B.  Moore First  Ward 

Herbert  V.  Gilmore  and  John  Martin.  . .Second  Ward 

William  Braun  and  F.  J.  Meyer Third  Ward 

Chris.  Kolhovan  and  Mr.  President Fourth  Ward 

Peter  Bohart  and  Frank  Goetz Fifth  Ward 


Herman  Riesenberg  and  Chas.  A.  Barker.  .Sixth  Ward 

John  Schweikert  elected  to  fill  unexpired  term  of  President  Jacob  Braun,  deceased; 
Charles  A.  Barker,  appointed  to  fill  unexpired  term  of  Jacob  Braun,  deceased; 
Herbert  V.  Gilmore,  appointed  to  fill  unexpired  term  of  Jacob  Hoffmann, 
deceased. 


504 


City  Officials. 


COMMISSIONERS  OF  WATER-WORKS. 

Dr.  J.  O.  Jenkins,  President. 

John  Halloran.  Joseph  C.  Rfhling. 

William  L.  Glazifr Superintendent 

William  H.  Nfwall Secretary 

Frfd.  Schmidt Assistant 


POLICE  AND  FIRE  COMMISSIONERS. 

Mayor  Helmbold,  Chairman  ( ex-officio ). 

George  H,  Bishop.  E.  P.  Rummel. 

Harry  Brown.  Richard  Pfingstag. 

Peter  J.  Krebs,  Secretary. 


BOARD  OF  EDUCATION. 


John  G.  Herman,  President 
Emil  Gerhardt,  Vice-President. 


Charles  Biltz. 
Edward  Schwarberg. 
C.  D.  Crawford. 
Louis  Lieboner. 

R.  B.  Carothers. 


R.  F.  Croaice. 
William  Schell. 

F.  M.  Davrainville. 
Adam  Wagner. 
William  Clark. 


John  E.  Waterhouse,  Secretary. 
Edward  L.  Krieger,  Treasurer. 
John  Burke,  Superintendent 


BOARD  OF  HEALTH. 

August  Helmbold,  President  (ex-officio). 
E.  Reik,  Secretary. 

Dr.  E.  Weber.  Joseph  Deitz. 

Dr.  W.  R.  Heflin.  Alfred  Cornish. 

Dr.  William  Thomasson. 

Dr.  Charles  J.  Kehm,  Health  Officer. 


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